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Full text of "Supplement to the Consolidated Statutes of North Carolina"

SI 




J 




SUPPLEMENT 



TO THE 



Consolidated Statutes 



OF 



NORTH CAROLINA 



Prepared under Public Laws 1923, Chapter 86 

BY 

HAREY B. SKILLMAN 

UNDER DIRECTION OF JOINT LEGISLATIVE COMMISSION 

E. S. PARKER, Jr., Chairman; VICTOR S. BRYANT, Secretary; S J. EVERETT 




RALEIGH 

Edwards & Brotjghton Printing Company 

State Printers 

1924 



Copyright, 1924 

by 

W. N. EVERETT 

Secretary of State of the State of North Carolina, 

in trust, for the benefit of said State 



PREFACE 

The third volume of the Consolidated Statutes has been prepared under the 
direction and supervision of a committee of the General Assembly of 1923, appointed 
under Chapter 86 of the Public Laws of 1923. The President of the Senate named 
Senator S. J. Everett of Pitt, and the Speaker of the House, Messrs. Victor S. 
Bryant of Durham and E., S. Parker, Jr., of Alamance, to serve on this committee. 

The committee met and organized by electing Mr. E. S. Parker, Jr., chairman, 
and Mr. Victor S. Bryant, secretary. The committee secured the services of Mr. 
Harry B. Skillman, attorney at law, of Washington, D. C, a man of much experi- 
ence in codifying laws and preparing indexes, and he has done the actual work of 
preparing this volume of the Consolidated Statutes. He was greatly assisted by 
Attorney-General James S. Manning, Mr. Frank Nash, and other State officers. 

Respectfully submitted, 

S. J. Everett. 
Victor S. Bryant. 
November 1, 1924. E. S. Parker, Jr. 



iii 



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in 2013 



http://archive.org/details/supplementtocons1924nort 



[Chapter 86, Public Laws 1923 J 

AN ACT TO PROVIDE FOR THE RE-INDEXING OF THE CONSOLI- 
DATED STATUTES OF NORTH CAROLINA 

The General Assembly of North Carolina do enact: 

Section 1. That there he, and is hereby, created a joint legislative com- 
mittee consisting of one memher of the Senate and two members of the House of 
Representatives, to he appointed by the President of the Senate and the Speaker 
of the House of Representatives, whose duty it shall be, within thirty days 
after the ratification of this act, to meet in the city of Raleigh and provide for 
the re-indexing of the Consolidated Statutes of North Carolina. Such commission 
is hereby authorized and empowered to make such arrangements as it may 
deem necessary for the accomplishment of this work. Said commission is author- 
ized in its discretion to select one or more experienced persons, whose duty it 
shall be under the supervision of the commission herein created to prepare 
thorough, accurate and full alphabetical cross-indexes of the subjects contained in 
the Consolidated Statutes of North Carolina prepared under Public Laws of one 
thousand nine hundred and seventeen, chapter two hundred and fifty-two, and 
Public Laws one thousand nine hundred and nineteen, chapter two hundred and 
thirty-eight, and may in its discretion provide for the preparation of alphabetical 
cross-indexes for the public laws enacted since the preparation of the Consolidated 
Statutes of North Carolina, and may also in its discretion order the codification 
and publication in conjunction with said index all public laws enacted since the 
compilation of the Consolidated Statutes of North Carolina. 

Sec. 2. The said commissioners shall also provide proper cross-indexes of 
the Constitution of the United States, the Constitution of this State, the Statutes 
of the United States, providing for the authentication of records, naturalization 
of aliens, the removal of causes from the State courts to the Federal courts, and 
of other matters contained in the Consolidated Statutes of North Carolina. 

Sec. 3. That for the purpose of defraying the expenses of the re-indexing 
commission herein provided for and for the payment for compiling the indexes 
herein provided and for such clerical assistance as may be necessary, there is ap- 
propriated the sum of six thousand dollars ($6000.00) or so much thereof as may 
be required, which shall be expended under the direction of said re-indexing com- 
mission and the Secretary of State in carrying out the purpose of this act. The 
compensation of the person or persons employed to make the index herein pro- 
vided shall be fixed by the said commission : Provided, that such compensation 
and expenses for clerical and other assistance shall not exceed the amount herein 
appropriated. The re-indexing commissioners herein provided for shall be paid 
four dollars per day and their actual expenses for the time their services are re- 
quired in the performance of the duties herein set out. All expenditures under the 
provisions of this act except the printing and binding of the index shall be made 
upon order of the chairman of the re-indexing commission, to be chosen by the 
other two commissioners, upon the State Auditor, who shall draw his warrant 



upon the State Treasurer for the same. The printing and binding of the re-index 
herein provided for shall be done and paid for as other public printing. 

Sec. 4. That it shall be the duty of the Secretary of State to supply said 
re-indexing commission with paper and such other additional office equipment as 
may be necessary to carry into effect the provisions of this act. 

Sec. 5. That should any vacancy occur in said legislative re-indexing com- 
mission, the Governor is authorized to fill such vacancy by appointment. 

Sec. 6. That the commissioners shall, as soon as the re-index has been satis- 
factorily compiled, deliver the same to the Secretary of State, who shall have six 
thousand copies of same printed and bound, the copyright of which edition shall 
be secured to the State by the Secretary of State, and sold by him as hereinafter 
provided. 

Sec. 7. That in all future editions of the Consolidated Statutes of North 
Carolina the new index shall be inserted in lieu of the one now contained in the 
Consolidated Statutes, and may in the discretion of the commission and the Sec- 
retary of State be inserted in the volumes now on hand. 

Sec. 8 That the Secretary of State shall, when the said indexes have been 
published and bound, distribute one to those to whom the Public Laws are now 
distributed and to each member of this General Assembly : Provided, however, 
that volumes shall not be distributed to sheriffs and registers of deeds and shall 
only be sent to the State and court librarians outside the State of North Carolina 
who request the same. The Secretary of State is authorized to sell copies of the 
said index at such price as will reimburse the State of North Carolina for the 
cost of compiling, publishing and binding said copies, based upon an estimated 
sale of five thousand copies and to book dealers at a discount to be fixed by him. 

Sec. 9. That as often as semiannually beginning January first, one thousand 
nine hundred and twenty-four, the Secretary of State shall pay to the Treasurer 
of the State the proceeds of the sale of said indexes. 

Sec. 10. This act shall take effect from and after its ratification. 
Katified this 3d day of March, A.D. 1923. 



vi 



TABLE OF CONTENTS 



VOLUME THREE 



Cu. 1. ADMINISTRATION 

Page 

Art. 5 Administrator with Will Annexed 1 

Art. 7. Appointment and Revocation 1 

Art. 8. Bonds 1 

Art. 11. Assets 2 

Art. 13. Sales of Real Property 2 

Art. 16 Distribution -•- 4 

Ch. 4. ATTORNEYS AT LAW 

Art. 1. Licenses and Qualifications of Attorneys 5 

Ch. 5. BANKS 

Art. 1. Definitions 6 

Art. 2. Creation 6 

Art. 3. Dissolution and Liquidation 11 

Art. 4. Stockholders 13 

Art. 5. Powers and Duties .- 15 

Art. 6. Officers and Directors 24 

Art. 7. Corporation Commission 27 

Art. 8. Bank Examiners 29 

Art. 9. Penalties 32 

Art. 10. Industrial Banks 34 

Ch. 6. BASTARDY 
(Page 39) 

Cn. 8. BONDS 

Art. 3. Mortgage in Lieu of Bond 40 

Art. 3 (A). Cash Deposit in Lieu of Bond 40 

Ch. 12. CIVIL PROCEDURE 

Subchapter II. Limitations 

Art. 3. Limitations, General Provisions 41 

Subchapter V. Commencement of Actions 

Art. 8. Summons 41 

Subchapter VI. Pleadings 

Art. 12. Complaint 42 

Art. 13. Defendant's Pleadings 42 

Art. 14. Demurrer 43 

Art. 15. Answer '. 43 

Art. 16. Reply 43 

Subchapter VII. Trial and its Incidents 

Art. 19. Trial 44 

Subchapter VIII. Judgment 

Art. 23. Judgment 44 

vii 



CONTENTS 

Subchapter IX. Appeal page 
Art. 26. Appeal 45 

Subchapter XII. Special Proceedings 
Art. 32. Special Proceedings 46 

Subchapter XIII. Provisional Remedies 

Art. 34. Attachment 46 

Art. 36. Injunction 47 

Subchapter XV. Incidental Procedure in Civil Actions 

Apt. 45. potions and Orders 48 

Ch. 13. CLERK OF SUPERIOR COURT 

Art. 1 (A). Assistant Clerks 49 

Ch. 19. CONVEYANCES 

Art. 2. Conveyances by Husband and Wife 50 

Art. 4. Voluntary Organizations and Associations 50 

Ch. 21. CORPORATION COMMISSION 

Art. 1. Organization 51 

Art. 3. Powers and Duties 51 

Art. 4. Rate Regulation 52 

Ch. 22. CORPORATIONS 

Art. 2. Formation 53 

Art. 5. Capital Stock 53 

Art. 5(A). Capital Stock Without Nominal or Par Value 54 

Ch. 23. COSTS 
Art. 1. Generally 56 

Ch. 24. COUNTIES AND COUNTY COMMISSIONERS 

Art. 1. Corporate Existence and Powers of Counties 57 

Art. 2. County Commissioners 57 

Art. 6. Courthouse and Jail Buildings 65 

Art. 8. County Poor 67 

Art. 11. Examination of Accounts of Counties and County Officers 67 

Ch. 27. COURTS 

Subchapter I. Supreme Court 
Art. 2. Jurisdiction 70 

Subchapter II. Superior Courts 

Art. 4. Organization 70 

Art. 5. Jurisdiction : 71 

Art. 6. Judicial Districts and Terms of Court 71 

Art. 8. Special Regulations 91 

Subchapter III. Justices of the Peace 
Art. 12. Process .'. 92 

viii 



CONTENTS 

Subchapter IV. Recorders' Courts PAGE 

Art. 18. Municipial Recorders' Courts 93 

Art. 19. County Recorders' Courts 94 

Art. 22. Civil Jurisdiction of Recorders' Courts 96 

Art. 23. Elections to Establish Recorders' Courts 98 

Subchapter V. General County Courts 

Art. 24. Establishment, Organization and Jurisdiction 98 

Art. 25. Practice and Procedure 102 

Cn. 30. DIVORCE AND ALIMONY 
(Pages 105, 106) 

Cn. 31. DOGS 

Art. 2. License Taxes on Dogs 107 

Art. 3. Special License Tax on Dogs 107 

Ch. 32. ELECTRIC, TELEGRAPH AND POWER COMPANIES 

Art. 1. Acquisition and Condemnation of Property 108 

Ch. 33. EMINENT DOMAIN 

Art. 1. Right of Eminent Domain 109 

Ch. 34. ESTATES 

(Pages 110, 111) 

Ch. 36. FENCES AND STOCK LAW 
Art. 3. Stock Law 112 

Ch. 36(A). FIDUCIARIES 
(Pages 114-117) 

Ch. 37. FISH AND FISHERIES 

Subchapter I. Fisheries Commission Board Act 

Art. 2. Fisheries Commission Board; Organization, Officers, Support 118 

Art. 4. Taxes and Regulations 119 

Subchapter II. Shelfish 

Art. 5. Shellfish; General Laws 120 

Art. 7(A). Propagation of Oysters 121 

Subchapter III. Fish Other Than Shellfish 

Art. 9. Commercial Fishing; General Regulations 122 

Art. 10. Commercial Fishing; Local Regulations 123 

Ch. 38. GAME LAWS 

Art. 2. Protection of Game and Birds; General Provisions 124 

Art. 6. Local Hunting Laws 124 

Ch. 40. GUARDIAN AND WARD 

Art. 2. Creation and Termination of Guardianship 125 

Art. 5. Sales of Ward's Estate 125 

ix 



CONTENTS 

Ch. 42. INNS, HOTELS, AND RESTAURANTS 

PAGE 

Art. 2. Sanitary Inspection and Conduct 127 

Art. 3. Immoral Practices of Guests of Hotels and Lodging-houses 131 

Ch. 43. INSANE PERSONS AND INCOMPETENTS 

Art. 2. Guardianship and Management of Estates of Incompetents 132 

Art. 5. Detention, Treatment, and Cure of Inebriates 133 

Ch. 45. JURORS 

Art. 1. Jury List and Drawing of Original Panel 135 

Art. 4. Grand Jurors 136 

Ch. 46. LANDLORD AND TENANT 

Art. 3. Summary Ejectment 138 

Ch. 49. LIENS 

Art. 2. Subcontractors', etc., Liens and Rights Against Owners 139 

Art. 9. Agricultural Liens and Advances 140 

Ch. 50. MARRIAGE 

Art. 1. General Provisions : 141 

Art. 2. Marriage License 141 

Ch. 51. MARRIED WOMEN 

Art. 1. Powers and Liabilities of Married Women 143 

Ch. 54. MORTGAGES AND DEEDS OF TRUST 

Art. 2. Right to Foreclose or Sell Under Power 144 

Art. 3. Mortgage Sales 144 

Art. 4. Discharge and Release 144 

Ch. 55. MOTOR VEHICLES 

Art. 1. General Provisions 147 

Art. 2. Registration of Vehicles 147 

Art. 3. License Fees ' 150 

Art. 3(A). Gasoline Tax 151 

Art. 4. Operation of Vehicles 153 

Art. 5. Automobile Inspectors 154 

Art. 6. Protection of Title of Motor Vehicles 155 

Ch. 56. MUNICIPAL CORPORATIONS 
Subchapter I. Regulations Independent of Act of 1917 

Art. 1. General Powers 162 

Art. 8. Public Libraries 162 

Art. 9. Local Improvements 163 

Art. 11(A). Recreation Systems and Playgrounds 163 

Art. 1KB). Market Houses 166 

Art. 11(C). Zoning Regulations 168 

Subchapter II. Municipal Corporation Act of 1917 

Art. 15. Powers of Municipal Corporations 171 

Art. 19. Different Forms of Municipal Government 185 

Art. 20. Amendment and Repeal of Charter 185 

x 



CONTENTS 

Subchapter III. Municipal Finance Act pace 

Art. 23. General Provisions 185 

Art. 24. Budget and Appropriations 187 

Art. 25. Temporary Loans 188 

Art. 26. Permanent Financing 190 

Art. 27. Restrictions Upon the Exercise of Municipal Powers 202 

Art. 28. General Effect of Municipal Finance Act 203 

Art. 29. State Supervision of Payment of Bonds 204 

Ch. 58. NEGOTIABLE INSTRUMENTS 

Art. 2. Form and Interpretation 207 

Ch. 65. PROBATE AND REGISTRATION 

Art. 1. Probate 208 

Art. 2. Registration 209 

Art. 4. Curative Statutes; Acknowledgments; Probates; Registration 209 

Art. 5. Registration of Official Discharges From the Military and Naval Forces of 

the United States 212 

Ch. 66. PROHIBITION 

Art. 5. Delivery and Receiving Regulated 214 

Art. 8. National Liquor Law, Conformation of State Law 214 

Ch. 67. RAILROADS AND OTHER CARRIERS 

Art. 2. Incorporation, Officers, and Stock of Railroads 222 

Art. 5. Powers and Liabilities 222 

Art. 9. Railroad Police : 223 

Art. 10. Carriage of Passengers 223 

Art. 11. Carriage of Freight 224 

CH. 68. REGISTER OF DEEDS 
Art. 2. The Duties 226 

Ch. 70. ROADS AND HIGHWAYS 

Art. 1. State Highway Commission and State Highway Fund 227 

Art. 3. Road Improvement with Federal Cooperation 227 

Art. 7. County Road Law, Effective on Adoption by County Commissioners 228 

Art. 8. Road Officials 231 

Art. 9. Construction and Maintenance of Roads and Bridges 232 

Art. 10. Regulations for Roads and Bridges 233 

Art. 11. Road Labor and Material 234 

Art 12. Ferries and Toll-bridges 234 

Art. 13. Cartways, Church Roads, and the Like 238 

Art. 15. State Highway System (1921) 239 

Art. 16. Abandonment of Highways, Roads, etc., Dedicated to the Public 256 

Ch. 71. SALARIES AND FEES 

Art. 1. Payment of Salaries and Fees 258 

Art. 2. Legislative Department 258 

Art. 3. Executive Department 258 

Art. 4. Judicial Department 263 

Art. 5. Solicitors, Jurors, and Witnesses 264 

Art. 7. County Officers 266 

Art. 8. Township Officers 266 

xi 



CONTENTS 

Cn. 73. STATUTORY CONSTRUCTION 
(Pages 268, 269) 

Ch. 78. TRUSTEES „ „ 

Page 

Art. 1. Investment and Deposit of Trust Funds 270 

Ch. 80. WIDOWS 
Akt. 2. Dower 271 

Ch. 81. WILLS 
Art. 4. Probate of Will 272 

Ch. 82. CRIMES AND PUNISHMENTS 

Subchapter 3. Offenses Against the Elective Franchise 

Art. 6. Other Offenses Against the Elective Franchise 275 

Subchapter 4. Offenses Against the Person 

Art. 8. Rape and Kindred Offenses 275 

Art. 13. Libel and Slander 276 

Art. 13(A). Injuring Others by Use of High Explosives 276 

Subchapter 5. Offenses Against the Habitation and Other Buiudincs 

Art. 14. Burglary and Other House-breakings 276 

Art. 15. Arson and Other Burnings 276 

Subchapter 6. Offenses Against Property 

Art. 18. Embezzlement 277 

Subchapter 7. Criminal Trespass 

Art. 22. Trespasses to Land and Fixtures 277 

Subchapter 8. Offenses Against Public Morality and Decency 

Art. 24. Offenses Against Public Morality and Decency 277 

Art. 25. Prostitution \ 278 

Subchapter 9. Offenses Against Public Justice 

Art. 29. Misconduct in Public Office 278 

Art. 30. Misconduct in Private Office 279 

Subchapter 10. Offenses Against the Public Peace 
Art. 32. Offenses Against the Public Peace 279 

Subchapter 11. Offenses Against the Public Safety 

Art. 33. Offenses Against the Public Safety 280 

Subchapter 12. General Police Regulations 

Art. 34. Lotteries and G-aming 281 

Art. 36. Protection of the Family 282 

Art. 38. Public Drunkenness 282 

Art. 42. Regulation of Landlord and Tenant 282 

Art. 46(A). Protection of the Game of Base Ball 283 

Art. 47. Miscellaneous Police Regulations 285 

xii 



CONTENTS 

Cn. 83. CRIMINAL PROCEDURE Page 

Art. 11. Venue 287 

Art. 13. Indictment 287 

Cn. 84. AGRICULTURE 

Art. 1. Department of Agriculture 288 

Art. 2. Commercial Fertilizers 289 

Art. 9. Marketing and Branding Farm Products 290 

Art. 12. Seed Inspection 290 

Art. 15. Animal Diseases 292 

Art. 16. Crop Pests 299 

Art. 18. Marketing Cotton 300 

Art. 19. Leaf Tobacco Sales 306 

Art. 21. Agricultural Societies and Fairs 307 

Art. 22. Cotton States Commission 308 

Ch. 87. AUCTIONEERS 
(Page 312) 

Ch. 88. BOARDS OF CHARITIES 
Art. 2. County Boards of Charities and Public Welfare 313 

Ch. 89. CEMETERIES 

Art. 4. Removal of Graves 315 

Art. 5. Cemetery Associations 315 

Ch. 90. CHILD WELFARE 

Art. 2. Juvenile Courts __ 316 

Art. 4. Aid of Needy Orphans in Homes of Worthy Mothers 317 

Ch. 91. COMMERCE AND BUSINESS IN STATE 

Art. 1. Regulation and Inspection 320 

Art. 3. Sale of Weapons _ _ 320 

Ch. 92. CONFEDERATE HOMES AND PENSIONS 
Art. 3. Pensions 321 

Ch. 93. COOPERATIVE ORGANIZATIONS 
Subchapter V. Marketing Associations 

Art. 16. Purposes and Organization 328 

Art. 17. Members and Officers 332 

ARff. 18. Powers, Duties, and Liabilities 334 

Ch. 94. DRAINAGE 

Subchapter III. Drainage Districts 

Art. 5. Establishment of Districts 333 

Art. 6. Drainage Commissioners 340 

Art. 7. Construction of Improvement 340 

Art. 8. Assessments and Bond Issue 340 

Ch! 95. EDUCATION 

Subchapter I. The Public School System 

Art. 1. Interpretations 34g 

xiii 



CONTENTS 

Subchapter II. Administrative Organization . 

PAGE 

Art. 2. The State Board of Education 349 

Art. 3. State Superintendent of Public Instruction 350 

Subchapter III. Duties, Powers and Responsibilities 
Of County Boards of Education 

Art. 4. The Board: Its Corporate Powers 353 

Art. 5. The Direction and Supervision of the School System 358 

Art. 6. Children at Orphanages 362 

Art. 7. Instruction of Illiterates 363 

Art. 8. School Officials Selected by or Responsible to the Board of Education 364 

Art. 9. Erection, Repair and Equipment of School Buildings 368 

Art. 10. Creating and Consolidating School Districts 371 

Subchapter IV. County Superintendent's Powers, 
Duties and Responsibilities 

Art. 11. Election, Eligibility and General Duties 375 

Art. 12. Duty of County Superintendent Toward Committeemen, Teachers and 

Principals 377 

Art. 13. Duty of County Superintendent in Regard to School Funds 380 

Subchapter V. School Committes — Their Duties and Powers 

Art. 14. In Non-Local Tax Districts 382 

Art. 15. Duties and Powers of Committeemen in Local Tax Districts 385 

Subchapter VI. Teachers and Principals 

Art 16. Their Powers, Duties and Responsibilities 388 

Art. 17. Certification of Teachers 392 

Subchapter VII. Revenue for the Public Schools 

Art. 18. How to Estimate Amount Necessary for Six Months Term 395 

Art. 19. Powers, Duties and Responsibilities of the Board of County Commissioners 

in Providing Funds for Six Months Term 402 

Art. 20. The Treasurer: His Powers, Duties and Responsibilities in Disbursing 

School Funds 406 

Art. 21. Fines, Forfeitures and Penalties 410 

Art. 22. Federal Forest Funds 411 

Subchapter VIII. Local Tax Elections for Schools 

Art. 23. School Districts Authorized to Vote Local Taxes 412 

Art. 24. Special School Taxing Districts 417 

Art. 25. Legal Attendance of Pupils in Local Tax or Special Charter Districts 418 

Art. 26. Special County Tax in Which Part of Local Taxes May be Retained 419 

Subchapter IX. Bonds and Loans for Building Schooliiouses 

Art. 27. Authority to Issue Bonds in Any County, School District or Special Taxing 

District 420 

Art. 28. County Commissioners Directed to Fund School Indebtedness 423 

Art. 29. Loans from State Literary Fund 424' 

Art. 30. Loans from Special Building Fund 426 

xiv 



CONTENTS 

Subchapter X. Vocational Education 

page 

Art. 31. Duties, Powers and Responsibilities of State Board for Vocational Education 430 

Art. 32. County Farm-life Schools 432 

Art. 33. Farm-life Schools Operated Under Special Acts 439 

Art. 34. Vocational Rehabilitation of Persons Disabled in Industry or Otherwise 440 

Subchapter XI. Text-Books and Public Libraries 

Art. 35. Text-books for Elementary Grades 441 

Art. 36. Text-books for High Schools 444 

Art. 37. Furnishing Text-books 446 

Art. 38. Public Libraries 448 

Subchapter XII. Compulsory Attendance in Schools 

Art. 39. General Compulsory Attendance Law 449 

Art. 40. Compulsory Attendance of Deaf and Blind Children 451 

Subchapter XIII. Normal Schools 

Art. 41. State Board to Control Certain Normal Schools 452 

Subchapter XIV. Rural Recreation 

Art. 42. School Extension Work 455 

Subchapter XV. Heaxth 

Art. 43. Physical Examination of Pupils 456 

Subchapter XVI. State Board of Education to License Certain Institutions 

Art. 44. State Board of Education to Regulate Degrees 458 

Art. 45. Licensing of Commercial Schools 458 

Subchapter XVII. Observance of Special Days 

Art. 46. Special Days to be Observed in Public Schools 460 

Oh. 96. EDUCATIONAL INSTITUTIONS OF THE STATE 

Art. 1. University of North Carolina 462 

Art. 2. North Carolina State College of Agriculture and Engineering... 462 

Art. 5. Cullowhee Normal and Industrial School 464 

Art. 9. East Carolina Teachers' College 465 

Art. 10. State School for the Blind and the Deaf 466 

Art. 12. The Caswell Training School 466 

Art. 13. State Training School for Negro Boys 467 

Ch. 97. ELECTIONS 

Subchapter I. General Elections 

Art. 4. County Board of Elections 470 

Art. 5. Qualifications of Voters 473 

Art. 6. Registration of Voters 473 

Art. 7. Permanent Registration 475 

Art. 8. Absent Electors 475 

Art. 11. Conduct of Elections 476 

Art. 12. County Board of Canvassers 477 

xv 



CONTENTS 

PAGE 

Art. 13. State Board of Canvassers 478 

Art. 15. Election of Presidential Electors 479 

Art. 16. Miscellaneous Provisions as to General Elections 480 

Subchapter II. Primary Elections 
Art. 17. Primary Elections 480 

Cii. 97(A). ENGINEERING AND LAND SURVEYING 
(Pages 4S5-490) 

Ch. 98. FIREMAN'S RELIEF FUND 
Art. 2. Fund Derived from Insurance Companies 491 

Cii. 99. FIRE PROTECTION 
Art. 2. Fire-escapes 492 

Ch. 100. GENERAL ASSEMBLY 

Art. 1. Apportionment of Members 494 

Art. 8. Preservation and Protection of Furniture and Fixtures 495 

Ch. 101. GEOLOGICAL SURVEY AND FORESTS 

Art. 1. Organization and General Purposes 496 

Art. 3. State Forests by Donation or Purchase 496 

Art. 5. Protection Against Forest Fires 497 

Ch. 103. HOSPITALS FOR THE INSANE 

Art. 1. Organization and Management 498 

Art. 2. Officers and Employees 499 

Art. 3. Admission of Patients 499 

Art. 6. Hospital for Dangerous Insane 503 

Ch. 106. INSURANCE 

Subchapter I. Insurance Department 

Art. 2. Insurance Commissioner 507 

Art. 3. General Regulations for Insurance 508 

Subchapter II. Insurance Companies 

Art. 6. General Domestic Companies 50S 

Art. 8. Mutual Insurance Companies 509 

Art. 10. Bond and Investment Companies 510 

Art. 14. Real-estate Title Insurance Companies 512 

Subchapter III. Fire Insurance 

Art. 17. General Regulations of Business 513 

Art. 20. Insuring State Property 513 

Subchapter V. Accident and Health Insurance 

Art. 24. General Regulations 513 

xvi 



CONTENTS 

Subchapter VI. Fraternal Orders and Societies 

page 

Art. 25. Fraternal Orders 514 

Art. 26. Fraternal Benefit Societies 515 

Art. 28. General Provisions for Societies 516 

Cii. 110. MEDICINE AND ALLIED OCCUPATIONS 

Art. 1. Practice of Medicine 517 

Art. 3. Pharmacy ." 522 

Art. 4. Optometry - 527 

Art. 10. Veterinaries 529 

Art. 13. Cadavers for Medical Schools 529 

Ch. 111. MILITIA 

Art. 2. General Administrative Officers 531 

Art. 3. National Guard 531 

Art. 9. Care of Military Property 533 

Art. 10. Support of Militia 533 

Art. 11. General Provisions 535 

Ch. 113. MONUMENTS, MEMORIALS, AND PARKS 

Art. 2. Memorials 537 

Art. 3. Mount Mitchell Park Commission 537 

Ch. 114. NAVIGATION 

Art. 1. Cape Fear River 539 

Art. 2. Beaufort Harbor 544 

Ch. 118. PUBLIC HEALTH 

Subchapter I. Administration of Public Health Law 

Art. 1. State Board of Health 546 

Subchapter II. Vital Statistics 

Art. 6. Registration of Births and Deaths 546 

Subchapter III. Sanitation and Protection of Public 

Art. 7. Water Protection 548 

Art. 8. Privies 548 

Art. 9. Infectious Diseases Generally '. 549 

Art. 11. Diphtheria 551 

Art. 13. Tuberculosis 551 

Art. 16. Health of Prisoners 551 

Art. 20. Ice Cream Plants, Creameries, and Cheese Factories 552 

Art. 21. Public Bakeries 554 

Art. 22. Manufacture, etc., of Bedding 557 

Ch. 119. PUBLIC HOSPITALS 
Art. 2. Municipal Hospitals 561 

Ch. 120. PUBLIC PRINTING 

Art. 1. Regulation of Public Printing 564 

Art. 3. Free Employment Bureau 564 

Art. 4. Bureau of Labor for the Deaf 567 

xvii 



CONTENTS 

Ch. 121. REFORMATORIES 

PAGE 

Art. 1. Stonewall Jackson Manual Training and Industrial School 569 

Art. 2. State Home and Industrial School for Girls and Women 569 

Art. 4. Eastern Carolina Industrial Training School for Boys 571 

CH. 122. RIVERS AND CREEKS 
Art. 2. Obstructions in Streams 574 

Ch. 123. RURAL COMMUNITIES 
Art. 1. Organized Rural Communities 574 

Cn. 125. STATE DEBT 

Art. 1. Funded Debt 575 

Art. 9. Debt for Certain Institutions Authorized 576 

Art. 10. Bonds for Permanent Enlargement and Improvement of Educational and 

Charitable Institutions 1921 577 

Art. 11. Bonds for Permanent Enlargement and Improvement of Educational and 

Charitable Institutions 1923 583 

Art. 12. Sinking Funds and Certain State Bonds 586 

Art. 13. Bonds to pay off certain Short-term Notes 1921 588 

Ch. 126. STATE DEPARTMENTS, INSTITUTIONS, AND COMMISSIONS 

Art. 1. State Budget Commission 591 

Art. 2. State Building Commission 596 

Art. 5(A). Ship and Water Transportation Commission 597 

Art. 6. Officers of State Institutions 598 

Art. 6(A). Accounting by State Departments and Institutions 599 

Art. 7. Various Powers and Regulations 600 

Ch. 128. STATE LANDS 

Subchapter I. Entries and Grants 

Art. 6. Correction of Grants 602 

Ch. 129. STATE OFFICERS 

Art. 4. Secretary of State : 603 

Art. 6. Treasurer 604 

Art. 9. Payment of Premiums on Bonds 605 

Ch. 130. STATE PRISON 
Art. 1. Government by Board of Directors 606 

Ch. 131. TAXATION 

Subchapter III. Collection of Taxes 

Art. 10. General Provisions 607 

Art. 13. Time and Manner of Collection 607 

Ch. 133. WEIGHTS AND MEASURES 

Art. 1. Establishment and Use of Standards 609 

Art. 5. Standard Weight Packages of Grits, Meal and Flour 611 

xviii 



APPENDICES 

PAGE 

I. Index to Constitution of North Carolina 615-633 

II. Index to Constitution of United States 634-645 

III. Authentication of Records, Index 646 

IV. Removal of Causes, Index 647, 648 

V. Naturalization Laws — Amendment and Index 649-653 

VI. Extradition— Rules of Practice and Index 654-657 



xix 



CHAPTER 1 
ADMINISTRATION 

Art. 5. Administrator with Will Annexed 

22. When letters c. t. a. issue. If there is no executor appointed in the will or 
if, at any time, by reason of death, incompetency adjudged by the clerk of the 
superior court, renunciation, actual or decreed, or removal by order of the court, 
or on any other account there is no executor qualified to act, the clerk of the 
superior court shall issue letters of administration with the will annexed to one or 
more of the legatees named in said will ; but if no legatee qualifies, then letters 
may be issued to some suitable person or persons in the order prescribed in this 
chapter. 
Rev., s. 14; Code, s. 2166; C. C. P., s. 453; 1923, c. 63. 

Art. 7. Appointment and Revocation 

31. Letters revoked on application of surviving husband or widow or next of 
kin, or for disqualification or default. If, after any letters have been issued, it 
appears to the clerk, or if complaint is made to him on affidavit, that the surviving 
husband or widow or next of kin in the order of priority set out in subsections one 
and two of section six of article three of this chapter applies for letters of ad- 
ministration on said estate, and notwithstanding said applicants may have re- 
nounced their right to administer, if otherwise qualified, or that any person to 
whom they were issued is legally incompetent to have such letters, or that such 
person has been guilty of default or misconduct in the due execution of his office, 
or that issue of such letters was obtained by false representations made by such 
person, the clerk shall issue an order requiring such person to show cause why 
the letters should not be revoked. On the return of such order, duly executed, if 
the objections are found valid, the letters issued to such person must be revoked 
and superseded, and his authority shall thereupon cease. 

Rev., s. 38; Code, s. 2171; C. C. P., s. 470; 1921, c. 98. 

Art. 8. Bonds 

37. No bond where will does not require bond and co-executor a resident. A 

nonresident executor appointed under a will which does not require the executor's 
bond shall not be required to give bond, if a resident of the state is appointed and 
qualifies as co-executor, unless the clerk of the court of the county where the will 
is first probated shall, upon the petition of the creditors or beneficiaries of the 
estate, deem the bond of the nonresident executor necessary for the protection of 
the creditors or beneficiaries. This section applies to nonresident executors who 
qualified before its enactment as well as to those qualifying afterwards. 
1911, c. 176; Ex. Sess. 1920, c. 86. 

39. Oath and bond required before letters issue. Before letters testamentary, 
letters of administration with the will annexed, letters of administration or letters 



05(a) ADMINISTRATION— Akts. 11, 13 Ch. 1 

of collection are issued to any person, he must give the bond required by law 
and must take and subscribe an oath or affirmation before the clerk, or before any 
other officer of any state or country authorized by the laws of North Carolina 
to administer oaths, that he will faithfully and honestly discharge the duties of 
his trust, which oath must be filed in the office of the clerk. 

Rev., s. 29; Code, ss. 1387, 1388, 2169; C. C. P., ss. 467, 468; 1870-1, c. 93; 1923, c. 56. 

Art. 11. Assets 

65(a). Payment to clerk of sums not exceeding $300 due and owing intestates. 

Where any person dies intestate and at the time of his or her death there is a 
sum of money owing to the said intestate not in excess of three hundred dollars, 
such sum may be paid into the hands of the clerk of the superior court, whose 
receipt for same shall be a full and complete release and discharge for such debt 
or debts, and the said clerk of the superior court is authorized and empowered to 
pay out such sum or sums in the following manner : First, for satisfaction of 
widow's year's allowance, after same has been assigned in accordance with law, 
if such be claimed; second, for payment of funeral expenses, and if there be any 
surplus the same to be disposed of as is now provided by law. This section shall 
apply to the counties of Guilford, Cabarrus, Iredell, Moore, Anson, Watauga, 
Cumberland, Johnston, Rutherford, Stanly, Davidson, Currituck, Yadkin, Alex- 
ander, Stokes, Clay, Greene, Wayne, Franklin, Macon, Beaufort, Swain, Hay- 
wood, Caldwell, Burke, Gates, Rockingham, Graham, Lee, Person, Catawba, Dare, 
Tyrrell, Perquimans, Transylvania, Duplin, Hyde, Pender, Alamance, Harnett, 
and Pasquotank. 

1921, c. 93; Ex. Sess. 1921, c. 65. 

Art. 13. Sat.es of Real Property 

74. Sale of realty ordered, if personalty insufficient for debts. When the per- 
sonal estate of a decedent is insufficient to pay all his debts, including the charges 
of administration, the executor, administrator or collector may, at any time after 
the grant of letters, apply to the superior court of the county where the land 
or some part thereof is situated, by petition, to sell the real property for the 
payment of the debts of such decedent. When there is dower or right of dower in 
the land petitioned to be sold as aforesaid, the person entitled thereto shall be 
made a party to said proceeding, and on a decree of sale, the interest of one-third 
of the proceeds shall be secured and paid to her annually; or in lieu of such annual 
interest, at her election, the value of her annuity of six per cent, on such third, 
during her probable life or expectancy, shall be ascertained and paid to her abso- 
lutely out of the proceeds : Provided, that nothing herein contained shall be con- 
strued to deprive the widow from claiming her dower by metes and bounds in her 
husband's land. 

Rev., s. 68; Code, s. 1436; 1868-9, c. 113, s. 42; 1923, c. 55. 

92 (a) . Validation of sales of real estate made in good faith to obtain assets to 
pay debts. In all cases where real property devised upon contingent remainder, 
executory devise, or other limitation, shall have been sold and conveyed for a fair 
price in good faith by the executor named in said will, or by an administrator with 

2 



&2(b) ADMINISTRATIONS 1 — Art. 13 Ch. 1 

the will annexed, for the purpose of making assets with which to pay the debts of 
said estate, under the mistaken belief that said will authorized such sale, and the 
proceeds of such sale shall have been applied to the payment of the indebtedness 
of such estate, and it shall be made to appear in any action brought by the pur- 
chaser of said land, or those claiming under such purchaser, that such executor, 
or other personal representative would have been entitled in a proper proceeding 
brought for that purpose to an order of court to sell said land for the purpose of 
making assets with which to pay the indebtedness of such estate, then such sale 
so made by such executor, or other personal representative, shall be valid and 
binding upon all such contingent remaindermen, executory devisees, or other 
person, who would have taken such property under said will upon the contingency 
or contingencies therein mentioned, notwithstanding said sale shall have been 
made by such executor or other personal representative without obtaining such 
order of the court. And in any such action instituted by the purchaser of such 
land, or those claiming under him, for the purpose of removing a cloud from the 
title thereto all contingent remaindermen, executory devisees, or other persons 
entitled to claim under any limitation in said will, if in being, and known to be 
residents of this state, shalL be made parties defendant to such action, and served 
with summons as in other civil actions ; all nonresidents, or persons whose names 
and residences are unknown, shall be served with summons by publication as now 
required by law, or such service in lieu of publication as now provided by law. 
In cases where the contingent remainder, executory devise, or other limitation 
will, or may, go to minors, or persons under other disabilities, or to persons not 
in being, or whose names and residences are not known, or who may in any 
contingency become interested in said land, but because of such contingency cannot 
be ascertained, the judge of the superior court shall, in any such action brought 
for the purpose aforesaid, after due inquiry of persons who are in no way inter- 
ested in or connected with such proceedings, designate and appoint some discreet 
person as guardian ad litem to represent such contingent remaindermen, or execu- 
tory devisees, upon whom summons shall be served in such action as provided by 
law for other guardians ad litem, and it shall be the duty of such guardian ad 
litem to defend such action, and when counsel is needed to represent him, to make 
this known to the judge, who shall by an order give instructions as to the employ- 
ment of counsel and the payment of fees. And all contingent remaindermen, execu- 
tory devisees, or other persons, who may be entitled to claim a contingent interest 
in said land, whether known or unknown, in being or not in being, shall be con- 
clusively bound by any final judgment entered in such action, if made parties 
thereto, and represented therein in the manner hereinbefore provided : Provided, 
however, that this law shall not apply to any sale of land made in which the execu- 
tor or other personal representative shall have been either directly or indirectly 
the purchaser thereof. 
1923, c. 70, s. 1. 

92(b). Presumption; burden of proof. Where the purchaser of any lands 
made under the circumstances narrated in the preceding section, or any person 
holding or claiming the same under or through such purchaser, shall have been in 
the peaceable possession thereof for more than twenty years without any adverse 
claim having been asserted to the same by any person claiming under such will, 

3 



92(c) ADMINISTRATION— Art. 16 Ch. 1 

and the records of the administration of the said estate do not affirmatively show 
what disposition has been made of the proceeds of the sale of such land, then it 
shall be presumed, prima facie, that the proceeds of the sale of the said land have 
been applied to the payment of the necessary indebtedness of the said estate and 
the cost of the administration thereof, and the burden of proof to the contrary 
shall be upon the defendants in said action. 
1923, c. 70, s. 2. 

92(c). Application of two preceding sections. Sections 92(a) and 92(b) shall 
apply only to sales of land made under the circumstances narrated in those sections, 
occurring before February 24, 1923. 

1923, c. 70, s. 3. 

Art. 16. Distribution 

137. Order of distribution. The surplus of the estate, in case of intestacy, 
shall be distributed in the following manner, except as hereinafter provided : 

1. If there are not more than two children, one-third part to the widow of the 
intestate, and all the residue by equal portions to and among the children of the 
intestate and such persons as legally represent such children as may then be dead. 

2. If there are more than two children, then the widow shall share equally with 
all the children and be entitled to a child's part. 

3. If there is no child nor legal representative of a deceased child, then one-half 
the estate shall be allotted to the widow, and the residue be distributed equally 
to every of the next of kin of the intestate, who are in equal degree, and to those 
who legally represent them. 

4. If there is no widow, the estate shall be distributed, by equal portions, 
among all the children, and such persons as legally represent such children as 
may be dead. 

5. If there is neither widow nor children, nor any legal representative of the 
children, the estate shall be distributed equally to every of the next of kin of the 
intestate, who are in equal degree, and those who legally represent them. 

6. If, in the lifetime of its father and mother, a child dies intestate, without 
leaving husband, wife or child, or the issue of a child, its estate shall be equally 
divided between the father and mother. If one of the parents is dead at the 
time of the death of the child, the surviving parent shall be entitled to the whole 
of the estate. The terms "father" and "mother" shall not apply to a step- 
parent, but shall apply to a parent by adoption. 

7. If there is no child nor legal representative of a deceased child nor any of 
the next of kin of the intestate, then the widow, if there is one, shall be entitled 
to all the personal estate of such intestate. 

8. If a married woman die intestate leaving one child and a husband, the 
estate shall be equally distributed between the child and husband; if she leaves 
more than one child and a husband, the estate shall be distributed in equal por- 
tions and the husband shall receive a child's part, the child or children of any 
child or children of the intestate, who may have died prior to the mother, to rep- 
resent his, her, or their parent in such distribution. 

Rev., s. 132; Code, s. 1478; R. C, c. 64, s. 1; R. S., c. 64, s. 1; 1893, c. 82; 1868-9, c. 113, 
s. 53; 1913, c. 166; 1915, c. 37; 1921, c. 54. 

4 



CHAPTER 4 
ATTORNEYS AT LAW 

Art. 1. Licenses and Qualifications of Attorneys 

194. Examination; scope; issuance of license. No person shall practice law 
without first obtaining license so to do from the supreme court. All examina- 
tions shall be in writing, and based upon such course of study, and conducted 
under such rules, as the court may prescribe. All applicants who satisfy the 
court of their competent knowledge of the law and upright character shall receive 
license to. practice in all the courts of this state : Provided, however, any person 
duly licensed to practice law in another state may be licensed to practice law in 
this state without examination, if attorneys who are licensed in this state may be 
licensed without examination in the state from which he comes, upon said appli- 
cant furnishing to the supreme court a certificate from a member of the court of 
last resort of such state that he is duly licensed to practice law therein, and that 
he has been actively engaged in the practice of law for five years or more, and is 
of good moral character and a proper person to be licensed to practice law, to- 
gether with a certificate from two practicing attorneys of such state, practicing 
in said court of last resort, as to the applicant's good moral character, whose sig- 
nature shall be attested by the clerk of said court, and upon said applicant satis- 
fying the court that he is a bona fide resident and citizen of North Carolina, or 
intends immediately to become such : Provided further, that said applicant shall 
be required to deposit with the clerk of the supreme court the same amount re- 
quired of applicants who stand the examination. 

Rev., s. 207; Code, s. 17; R. C, c. 9, s. 1; 1818, c. 963, s. 3; 1907, c. 70; Ex. Sess. 1920, 
c. 44. 

195. Dates and method of holding examinations. The examinations for 
license to practice law may be held in the city of Raleigh on Monday, one week 
prior to the spring and fall terms of the supreme court, by the chief justice and 
four associate justices, and upon their certification license shall be issued, signed 
by all the members of the court. The chief justice and each associate justice hold- 
ing said examinations shall receive the sum of one hundred dollars and actual 
expenses for each examination, to be paid out of the fees of applicants for license, 
and not otherwise. 

1917, c. 87; 1923, c. 95. 



CHAPTER 5 
BANKS 

Art. 1. Definitions 

216(a). "Bank," "surplus," 'undivided profits," and other words defined. 

The following definitions shall be applied to the terms used in this chapter : 

The term "bank" shall be construed to mean any corporation, partnership, 
firm, or individual receiving, soliciting, or accepting money or its equivalent on 
deposit as a business : Provided, however, this definition shall not be construed to 
include building and loan associations, Morris plan companies, industrial banks 
or trust companies not receiving money on deposit. 

The term "surplus" means a fund created pursuant to the provisions of this 
chapter by a bank from its net earnings or undivided profits which, to the amount 
specified and by any additions thereto set apart and designated as such, is not 
available for the payment of dividends, and cannot be used for the payment of 
expenses or losses so long as such bank has undivided profits. 

The term "undivided profits" means the credit balance of the profit and loss 
account of any bank. 

The term "net earnings" means the excess of the gross earnings of any bank 
over expenses and losses chargeable against such earnings during any dividend 
period. 

The term "time deposits" means all deposits, the payment of which cannot be 
legally required within thirty days. 

The term "demand deposits" means all deposits, the payment of which can 
be legally required within thirty days! 

The term "insolvency" means : (a) when a bank cannot meet its deposit lia- 
bilities as they become due in the regular course of business; (h) when the actual 
cash market value of its assets is insufficient to pay its liabilities to depositors and 
other creditors; (c) when its reserve shall fall under the amount required by 
this act, and it shall fail to make good such reserve within thirty days after being 
required to do so by the corporation commission. 

1921, c. 4, s. 1. 

Art. 2. Creation 

217(a). How incorporated. Any number of persons, not less than five, who 
may be desirous of forming a company and engaging in the business of establish- 
ing, maintaining, and operating banks of discount and deposit to be known as 
commercial banks, or engaging in the business of establishing, maintaining, and 
operating offices of loan and deposits to be known as savings banks, or of establish- 
ing, maintaining, and operating banks having departments for both classes of busi- 
ness, or operating banks engaged in doing a trust, fiduciary, and surety business, 
shall be incorporated in the manner following and in no other way; that is to say, 
such persons shall, by a certificate of incorporation under their hands and seals 
set forth : 



217(c) BANKS— Art. 2 Ch. 5 

1. The name of the corporation; no name shall be used already in use by another 
existing corporation organized under the laws of this state or of the congress, or so 
nearly similar thereto as to lead to uncertainty or confusion. 

2. The location of its principal office in this state. 

3. The nature of its business, whether that of a commercial bank, savings bank, 
trust company, or a combination of two or more or all of such classes of business. 

4. The amount of its authorized capital stock which shall be divided into shares 
of fifty or one hundred dollars each ; the amount of capital stock with which 
it will commence business, which shall not be less than fifteen thousand dollars in 
cities or towns of three thousand population or less ; nor less than thirty thousand 
dollars in cities and towns whose population exceeds three thousand, but does 
not exceed ten thousand ; nor less than fifty thousand dollars in cities and towns 
whose population exceeds ten thousand but does not exceed twenty-five thousand; 
nor less than one hundred thousand dollars in cities and towns having a popula- 
tion of more than twenty-five thousand; the population to be ascertained by the 
last preceding national census : Provided, that this subsection shall not apply to 
banks organized and doing business prior to its adoption. 

5. The names and postoffice addresses of subscribers for stock, and the number 
of shares subscribed by each ; the aggregate of such subscriptions shall be the 
amount of the capital with which the company will commence business. 

6. Period, if any, limited for the duration of the company. 
1921, c. 4, s. 2. 

217(b). Certificate of incorporation; how signed, proved, and filed. The 

certificate of incorporation shall be signed by the original incorporators, or a 
majority of them, and shall be proved or acknowledged before an officer duly 
authorized under the laws of this state to take proof or acknowledgment of deeds, 
and shall be filed in the office of the secretary of state. The secretary of state 
shall forthwith transmit to the corporation commission a copy of said certificate 
of incorporation, and shall not issue or record the same until duly authorized so 
to do by the corporation commission as hereinafter provided. 
1921, c. 4, s. 3. 

217(c). Preliminary examination. Upon receipt of a copy of the certificate 
of incorporation of the proposed bank, the corporation commission shall at once 
examine into all the facts connected with the formation of such proposed corpora- 
tion, including its location and proposed stockholders, and if it appears that such 
corporation, if formed, will be lawfully entitled to commence the business of 
banking, the corporation commission shall so certify to the secretary of state, who 
shall thereupon issue and record such certificate of incorporation. But the cor- 
poration commission may refuse to so certify to the secretary of state, if upon ex- 
amination and investigation it has reason to believe that the proposed corpora- 
tion is formed for any other than legitimate banking business, or that the char- 
acter, general fitness, and responsibility of the persons proposed as stockholders 
in such corporation are not such as to command the confidence of the community 
in which said bank is proposed to be located; or that the public convenience 
and advantage will not be promoted by its establishment, or that the name of the 



217(d) BANKS— Art. 2 Ch. 5 

proposed corporation is likely to mislead the public as to its character or pur- 
pose; or if the proposed name is the same as one already adopted, or appro- 
priated by an existing bank in this state, or so similar thereto as to be likely to 
mislead the public. 
1921, c. 4, s. 4; Ex. Sess. 1921, c. 56, s. 1. 

217(d). Certificate of incorporation, when certified. Upon receipt of such 
certificate from the corporation commission, the secretary of state shall, if said 
certificate of incorporation be in accordance with law, cause the same to be re- 
corded in his office in a book to be kept for that purpose, and known as the 
corporation book, and he shall, upon the payment of the organization tax and 
fees, certify under his official seal two copies of the said certificate of incor- 
poration and probates, one of which shall forthwith be recorded in the office of 
the clerk of the superior court of the county where the principal office of said 
corporation in this state shall or is to be located, in a book to be known as the 
record of incorporations, and the other certified copy shall be filed in the office 
of the corporation commission, and thereupon the said persons shall be a body 
politic and corporate under the name stated in such certificate. The said cer- 
tificate of incorporation, or a copy thereof, duly certified by the secretary of 
state or the clerk of the superior court of the county in which the same is 
recorded, or by the clerk of the corporation commission, under their respective 
seals, shall be evidence in all courts and places, and shall, in all judicial pro- 
ceedings, be deemed prima facie evidence of the complete organization and in- 
corporation of the company purporting thereby to have been established. The 
charter of any bank which fails to complete its organization and open for business 
to the public within six months after the date of filing its certificate of incor- 
poration with the secretary of state shall be void : Provided, however, the cor- 
poration commission may for cause extend the limitation herein imposed. 
1921, c. 4, s. 5. 

217(e). Payment of capital stock. At least fifty per cent of the capital stock 
of every bank shall be paid in cash before it shall be authorized to commence 
business, and the remainder of the capital stock of such bank shall be paid in 
monthly installments of at least ten per cent in cash of the whole capital, payable 
at the end of each succeeding 'month from the time it shall be authorized by the 
corporation commission to commence business, and the payment of each install- 
ment shall be certified to the corporation commission, under oath, by the presi- 
dent or the cashier of the bank : Provided, that the stock sold by any bank in 
process of organization, or for an increase of the capital stock, shall be accounted 
for to the bank in the full amount paid for the same. No commission or fee 
shall be paid to any person, association, or corporation for selling such stock. 
The corporation commission shall refuse authority to commence business to 
any bank if commissions or fees have been paid, or have been contracted to be 
paid by it, or by any one in its behalf, to any person, association, or corporation 
for securing subscriptions for or selling stock in such bank. 

1921, c. 4, s. 6. 



217 (k) BANKS— Art. 2 Cb. 5 

217(f). Statement filed before beginning business. Before sucb company shall 
begin the business of banking, banking and trust, fiduciary, or surety business, 
there shall be filed with the corporation commission a statement under oath by the 
president or cashier, containing the names of all the directors and officers, with 
the date of their election or appointment, term of office, residence, and postoffice 
address of each, the amount of capital stock of which each is the owner in good 
faith and the amount of money paid in on account of the capital stock. Nothing 
shall be received in payment of capital stock but money. 

1921. c. 4, s. 7. 

217(g). Authorized to begin business. Upon filing of such statement, the 
corporation commission shall examine into its affairs, ascertain especially the 
amount of money paid in on account of its capital. The name and place of 
residence of each director, the amount of capital stock of which each is the owner 
in good faith, and whether such corporation has complied with all the provisions 
of law required to entitle it to engage in business. If upon such examination it 
appears to the corporation commission that it is lawfully entitled to commence 
the business of banking, banking and trust, fiduciary, or surety business, it shall 
give to such corporation a certificate signed by the chairman of the corporation 
commission, attested by the secretary of the commission, that such corporation 
has complied with all the provisions of the law required to be complied with, 
before commencing the business of banking, and that such corporation is author- 
ized to commence business. 
1921, c. 4, s. 8. 

217(h). Transactions preliminary to beginning business. No such corpora- 
tion shall transact any business except such as is incidental and necessarily pre- 
liminary to its organization until it has been authorized to do so by the cor- 
poration commission. 

1921, c. 4, s. 9. 

217(i). Increase of capital stock. A corporation doing business under the 
provisions of this chapter may increase its capital stock as provided by law for 
other corporations. 

1921, c. 4, s. 10. 

217 (j). Decrease of capital stock. A corporation doing business under the 
provisions of this chapter may reduce its capital stock in the manner pro- 
vided for other corporations: Provided, that no bank shall reduce its capital 
stock to an amount less than the minimum required by law. Such reduction shall 
not be valid or warrant the cancellation of stock certificates until it has been 
approved by the corporation commission. Such approval shall not be given except 
upon a finding by the corporation commission that the security of existing creditors 
of the corporation will not be impaired. 

1921, c. 4, s. 11. 

217 (k). Consolidation of banks. A bank may consolidate with or transfer 
its assets and liabilities to another bank. Before such consolidation or transfer 



217(1) BANKS— Art. 2 Oh. 5 

shall become effective, each bank concerned in such consolidation or transfer 
shall file, or cause to be filed, with the corporation commission, certified copies 
of all proceedings had by its directors and stockholders, which said stockholders' 
proceedings shall set forth that holders of at least two-thirds of the stock voted 
in the affirmative on the proposition of consolidation or transfer. Such stock- 
holders' proceedings shall also contain a complete copy of the agreement made 
and entered into between said banks, with reference to such consolidation or 
transfer. Upon the filing of such stockholders' and directors' proceedings as 
aforesaid, the corporation commission shall cause to be made an examination of 
each bank to determine whether the interest of the depositors, creditors, and 
stockholders of each bank are protected, and that such consolidation or transfer 
is made for legitimate purposes, and its consent to or rejection of such consoli- 
dation or transfer shall be based upon such examination. No such consolidation 
or transfer shall be made without the consent of the corporation commission. 
The expense of such examination shall be paid by such banks. Notice of such 
consolidation or transfer shall be published for four weeks before or after the 
same is to become effective, at the discretion of the corporation commission, in 
a newspaper published in a city, town, or county in which each of said banks is 
located, and a certified copy thereof shall be filed with the corporation commission. 
In case of either transfer or consolidation the rights of creditors shall be pre- 
served unimpaired, and the respective companies deemed to be in existence to 
preserve such rights for a period of three years. 
1921, c. 4, s. 12. 

217(1). Consolidated banks deemed, one bank. In case of consolidation when 
the agreement of consolidation is made, and a duly certified copy thereof is filed 
with the secretary of state, together with a certified copy of the approval of the 
corporation commission to such consolidation, the banks, parties thereto, shall be 
held to be one company, possessed of the rights, privileges, powers and franchises 
of the several companies, but subject to all the provisions of law under which it 
is created. The directors and other officers named in the ag v eement of consoli- 
dation shall serve until the first annual meeting for election of officers and directors, 
the date for which shall be named in the agreement. On filing such agreement, 
all and singular, the property and rights of every kind of the several companies 
shall thereby be tranferred and vested in such new company, and be as fully its 
property as they were of the companies parties to the agreement. 

1921, c. 4, s. 13. 

2l7(m). Reorganization. Whenever any bank under the laws of this state 
or of the United States is authorized to dissolve, and shall have taken the nec- 
essary steps to effect dissolution, it shall be lawful for a majority of the directors 
of such bank, upon authority in writing- of the owners of two-thirds of' its 
capital stock, with the approval of the corporation commission, to execute arti- 
cles of incorporation as provided in this chapter, which articles, in addition to 
the requirements of law, shall further set forth the authority derived from the 
stockholders of such national bank or state bank, and upon filing the same as here- 
inbefore provided for the organization of banks, the same shall become a bank 

10 



218(b) BANKS— Art. 3 Oh. 5 

under the laws of this state, and thereupon all assets, real and personal, of the 
dissolved national or state bank shall by operation of law be vested in and be- 
come the property of such state bank, subject to all liabilities of such national 
or state bank not liquidated under the laws of the United States or this State 
before such reorganization. 
1921, c. 4, s. 14. 

Art. 3. Dissolution and Liquidation 

218(a). Voluntary liquidation. A bank may go into voluntary liquidation 
and be closed, and may surrender its charter and franchise as a corporation 
of this state by the affirmative votes of its stockholders owning two-thirds of its 
stock, such vote to be taken at a meeting of the stockholders duly called by reso- 
lution of the board of directors, written notice of which, stating the purpose of 
the meeting, shall be mailed to each stockholder, or in case of his death, to his 
legal representative or heirs at law, addressed to his last known residence ten 
days previous to the date of said meeting. Whenever stockholders shall by such 
vote at a meeting regularly called for the purpose, notice of which shall be given 
as herein provided, decide to liquidate such bank, a certified copy of all pro- 
ceedings of the meeting at which said action shall have been taken, verified 
by the oath of the president and cashier, shall be transmitted to the corpora- 
tion commission for its approval. If the corporation commission shall approve 
the same, it shall issue to the said bank, under its seal, a permit for such pur- 
pose. No such permit shall be issued by the corporation commission until said 
commission shall be satisfied that provision has been made by such bank to satisfy 
and pay off all depositors and all creditors of such bank. If not so satisfied, 
the corporation commission shall refuse to issue a permit, and shall be authorized 
to take possession of said bank and its assets and business, and hold the same 
and liquidate said bank in the manner provided in this chapter. When the 
corporation commission shall approve the voluntary liquidation of a bank, the 
directors of said bank shall cause to be published in a newspaper in the city, 
town, or county in which such bank is located, a notice that the bank is closing 
up its affairs and going into liquidation, and notify its depositors and creditors 
to present their claims for payment. When any bank shall be in process of 
voluntary liquidation, it shall be subject to examination by the corporation com- 
mission, and shall furnish such reports from time to time as may be called for 
by the corporation commission. All unclaimed deposits and dividends remaining 
in the hands of such bank shall be subject to the provisions of this chapter as 
hereinafter provided. 

1921, c. 4, s. 15. 

218(b). Corporation commission may take charge, when. The corporation 
commission may forthwith take possession of the business and property of any 
bank to which this chapter is applicable whenever it shall appear that such bank : 

1. Has violated its charter or any laws applicable thereto; 

2. Is conducting its business in an unauthorized or unsafe manner; 

3. Is in an unsafe or unsound condition to transact its business; 

11 



218(c) BANKS— Akt. 3 Oh. 5 

4. Has an impairment of its capital stock; 

5. Has refused to pay its depositors in accordance with the terms on which 
such deposits were received; 

6. Has become otherwise insolvent ; 

7. Has neglected or refused to comply with the terms of a duly issued lawful 
order of the corporation commission; 

8. Has refused, upon proper demand, to submit its records, affairs, and con- 
cerns for inspection and examination to a duly appointed or authorized exam- 
iner of the corporation commission; 

9. Its officers have refused to be examined upon oath regarding its affairs. 
Such banks may, with the consent of the corporation commission, resume busi- 
ness upon such terms and conditions as may be approved by it. 

1921, c. 4, s. 16. 

218(c). Involuntary liquidation, receivership. If any bank shall neglect 
or refuse for a period of sixty days to make a report to the corporation commission, 
as it may demand, or shall fail, neglect, or refuse to comply with the provisions 
of the section next preceding this one, or if at any time the corporation commis- 
sion shall find a bank, or other institution subject to its supervision in an insolvent 
condition, or if such institution shall neglect or refuse to correct any irregularities 
through violation of this chapter, which may be called to the attention of the 
president, cashier, or board of directors, the corporation commission shall have 
authority to take charge of such institution, and if upon investigation it appears 
to be the interest of creditors, depositors, and stockholders that a receiver should 
be appointed, it may apply to the court for the appointment of a competent person 
as receiver. Any receiver so appointed, before entering upon his duties, shall 
execute a good and sufficient bond in some bonding company authorized to do 
business in North Carolina, which bond shall be approved by the court. Such 
receiver, under the direction of the court, shall take possession of the books, 
moneys, records, and assets of every description of such institution, and collect 
all debts, dues and claims belonging to it, and upon order of the court may sell 
or compound all bad or doubtful debts, and on like orders may sell all real and 
personal properties belonging to such bank and upon such terms, as the court may 
approve or direct, and, if necessary to pay its debts, the receiver may enforce the 
individual liabilities of its stockholders. A suit for such purpose may be insti- 
tuted against resident stockholders in the name of such receiver in the superior 
court of the county in which its banking office or home is located, and as to non- 
resident stockholders, the suit may be brought in any county of any state, where 
such stockholder resides, or where service of a process may be had on such stock- 
holder. All expenses on account of any receivership and all wages or salaries due 
officers or employees shall be paid out of the assets of such bank before distribution 
of the proceeds thereof; and such receiver may, on order of the court, make a 
ratable dividend of the money in his hands on all such claims as may have been 
proved to his satisfaction or adjudication in a court of competent jurisdiction, 
and as the proceeds of the assets of such bank are paid to the receiver, he shall on 
like orders make any further dividends, upon all claims previously proved or ad- 
judicated, and the remainder of the proceeds, if any, shall be paid to the stock- 

12 



219(a) BANKS— Art. 4 Ch. 5 

holders of such bank, or their legal representatives, in proportion to the stock 
respectively held by them. Any bank which is being operated or liquidated under 
any receivership herein provided shall remain subject to examination and super- 
vision by the corporation commission. 
1921, c. 4, s. 17. 

218(d). Dividends and unclaimed deposits, disposition of. Dividends and 
unclaimed deposits remaining in the hands of the receiver for a period of six 
months after the order for final distribution by the court shall be deposited with 
the state treasurer, who shall hold such funds as custodian without the payment 
of interest, subject to the order of the court appointing the receiver, and without 
the necessity of appropriation by the general assembly. Any person entitled to 
all or any part of such unclaimed dividends or deposits may apply to the court 
of the county in which insolvent bank was located, or had its principal office, for 
an order directing the state treasurer to pay such dividends or unclaimed deposits. 
Upon satisfactory proof of such claim, it shall be the duty of the court to issue 
such an order upon the state treasurer, directing the payment of said dividend or 
unclaimed deposit, and the state treasurer is by this chapter authorized, em- 
powered, and directed to pay out such moneys, without interest, as stated in the 
order of the court herein authorized to issue such orders. 

1921, c. 4, s. 18. 

218(e). Receivers, powers and duties of. Article ten, chapter twenty-two 
of the Consolidated Statutes, relating to receivers, when not inconsistent with the 
provisions of this chapter, shall apply to receivers appointed hereunder. 

1921, c. 4, s. 19; 1923, c. 148, s. 4. 

218(f). Books, records, etc., disposition of. All books, papers, and records 
of a bank which has been finally liquidated shall be deposited by the receiver in 
the office of the clerk of the superior court for the county in which the office of 
such bank is located, or in such other place as in his judgment will provide for 
the proper safe-keeping and protection of such books, papers, and records. The 
books, papers, and records herein referred to shall be held subject to the orders 
of the corporation commission and the clerk of the superior court for the county 
in which such bank was located. 

1921, c. 4, s. 20. 

Art. 4. Stockholders 

219(a). Stockholders, individual liability of. The stockholders of every bank 
organized under the laws of North Carolina, whether under the general law or 
by special act, shall be individually responsible, equally and ratably, and not one 
for another, for all contracts, debts, and engagements of such corporation, to the 
extent of the amount of their stocks therein at par value thereof, in addition to 
the amount invested in such shares. The term stockholders, when used in this 
chapter, shall apply not only to such persons as appear by the books of the cor- 
poration to be stockholders, but also to every owner of stock, legal or equitable, 
although the same may be on such books in the name of another person ; but shall 

13 



219(b) BANKS— Art. 4- Ch. 5 

not apply to a person who may hold the stock as collateral for the payment of a 
debt. 
1921, c. 4, s. 21. 

219(b). Exemption from liability, repealing of. Any exemption from the 
individual liability imposed upon stockholders by the preceding section contained 
in the charter of any bank incorporated prior to the first day of January, one 
thousand nine hundred and five, is repealed. 

1921, c. 4, s. 22. 

219(c). Executors, trustees, etc., not personally liable. Persons holding 
stock as executors, administrators, guardians, or trustees shall not personally be 
subject to any liabilities as stockholders, but the estate and funds in their hands 
shall be liable in like manner and to the same extent as the testator, intestate, 
ward, or person interested in such trust fund would be if living and competent 
to hold stock in his own name. 
1921, c. 4, s. 23. 

219(d). Transferrer not liable, when. No person who has in good faith, 
and without intent to evade his liability as a stockholder, transferred his stock 
on the books of the corporation to any person of full age, previous to any default 
in the payment of any debt or liability of the corporation, shall be subject to 
any personal liability on account of the nonpayment of such debt or liability 
of the corporation, but the transferee of any stock so transferred previous to 
any default shall be liable for any such debt or liability of the corporation to 
the extent of such stock, in the same manner, as if he had been such owner at the 
time the corporation contracted such debt or liability : Provided, that no transfer 
of the shares of stock of an insolvent state bank, made within sixty days prior 
to its suspension, shall operate to release or discharge the assignor thereof, but 
shall be prima facie evidence that such stockholder assigned the same with 
knowledge of the insolvency of such bank and with an intent to evade the liability 
thereon. 

1921, c. 4, s. 24. 

219(e). Stock sold if subscription unpaid. Whenever any stockholder, or 
his assignee, fails to pay any installment on the stock, when the same is required 
by law to be paid, the directors of the bank shall sell the stock of such delinquent 
stockholder at public or private sale, as they may deem best, having first given 
the delinquent stockholder twenty days notice, personally or by mail, at his last 
known address. If no party can be found who will pay for such stock the amount 
due thereon to the bank with any additional indebtedness of such stockholder to 
the bank, the amount previously paid shall be forfeited to the bank, and such 
stock shall be sold, as the directors may order, within thirty days of the time of 
such forfeiture, and if not sold, it shall be canceled and deducted from the capital 
stock of the bank. 

1921, c. 4, s. 25. 

219(f). Impairment of capital;, assessments, etc. The corporation commis- 
sion shall notify every bank whose capital shall have become impaired from losses 

14 



220(a) BANKS— Akt. 5 Ch. 5 

or any other cause, and the surplus and undivided profits of such bank are in- 
sufficient to make good such impairment, to make the impairment good within sixty- 
days of such notice by an assessment upon the stockholders thereof, and it shall 
be the duty of the officers and directors of the bank receiving such notice to imme- 
diately call a special meeting of the stockholders for the purpose of making an 
assessment upon its stockholders sufficient to cover the impairment of the capital, 
payable in cash, at which meeting such assessment shall be made : Provided, that 
such bank may reduce its capital to the extent of the impairment, as provided in 
section 2 1 7 ( j ) . If any stockholder of such bank neglects or refuses to pay such 
assessment as herein provided, it shall be the duty of the board of directors to cause 
a sufficient amount of the capital stock of such stockholder or stockholders to be 
sold at public auction, upon thirty days notice given by posting such notice of sale 
in the office of the bank and by publishing such notice in a newspaper in the place 
where the bank is located, and if none therein, a newspaper circulating in the 
county in which the bank is located, to make good the deficiency, and the balance, 
if any, shall be returned to the delinquent shareholder or shareholders. If any 
such bank shall fail to cause to be paid in such deficiency in its capital stock 
for three months after receiving such notice from the corporation commission, 
the corporation commission may forthwith take possession of the property and 
business of such bank until its affairs be finally liquidated as provided by law. 
A sale of stock, as provided in this section, shall effect an absolute cancellation of 
the outstanding certificate or certificates evidencing the stock so sold, and shall 
make the certificate null and void, and a new certificate shall be issued by the bank 
to the purchaser of such stock. 
Ex. Sess. 1921, c. 56, s. 3. 

Art. 5. Powers and Duties 

220(a). General powers. In addition to the powers conferred by law upon 
private corporations, banks shall have the power : 

1. To exercise by its board of directors, or duly authorized officers and agents, 
subject to law, all such powers as shall be necessary to carry on the business of 
banking, by discounting and negotiating promissory notes, drafts, bills of ex- 
change, and other evidences of indebtedness, by receiving deposits, by buying and 
selling exchange, coin, and bullion, by loaning money on personal security or real 
and personal property. Such corporations at the time of making loans or discounts 
may take and receive interest or discounts in advance. 

2. To adopt regulations for the government of the corporation not inconsistent 
with the Constitution and laws of this state. 

3. To purchase, hold, and convey real estate for the following purposes : 

(a) Such as shall be necessary for the convenient transaction of its business, 
including furniture and fixtures, with its banking offices and other apartments to 
rent as a source of income, which investment shall not exceed fifty per cent of its 
paid-in capital stock and permanent surplus : Provided, that this provision shall 
not apply to any such investment made before the ninth day of March, one thou- 
sand nine hundred and twenty-one. 

(b) Such as is mortgaged to it in good faith by way of security for loans made 
or moneys due to such banks. 

15 



220(b) BANKS— Art. 5 Ch. 5 

(c) Such as has been purchased at sales upon foreclosures of mortgages and 
deeds of trust held or owned by it, or on judgments or decrees obtained and ren- 
dered for debts due to it, or in settlements affecting security of such debts. All real 
property referred to in this subsection shall be sold by such bank within one year 
after it is acquired, unless, upon application by the board of directors, the corpo- 
ration commission extends the time within which such sale shall be made. Any 
and all powers and privileges heretofore granted and given to any person, firm, 
or corporation doing a banking business in connection with a fiduciary and insur- 
ance business, or the right to deal to any extent in real estate, inconsistent with 
this chapter, are hereby repealed. 
1921, c. 4, s. 26; 1923, c. 148, s. 5. 

220(b). Investments, limitations of. The investment in any bonds or other 
interest bearing securities of any one firm, individual or corporation, unless it be 
the interest bearing obligations of the United States, state of North Carolina, city, 
town, township, county, school district, or other political subdivision of the state 
of North Carolina shall at no time be more than twenty-five per cent of the 
capital and permanent surplus of any bank having a paid in capital of two hundred 
and fifty thousand dollars or less ; not more than twenty per cent of the capital and 
permanent surplus of any bank having a paid-in capital of more than two hun- 
dred and fifty thousand dollars, but not more than five hundred thousand dollars; 
not more than fifteen per cent of the capital and permanent surplus of any bank 
having a paid-in capital of more than five hundred thousand dollars, but not more 
than seven hundred and fifty thousand dollars ; and not more than ten per cent 
of the capital and permanent surplus of any bank having a paid-in capital of more 
than seven hundred and fifty thousand dollars : Provided, that nothing in this sec- 
tion shall prevent the investing by a bank of fifty per cent of its capital and per- 
manent surplus in the stock or bonds of a corporation owning the land, building 
or buildings occupied by such bank as its banking home : Provided, further, nothing 
in this section shall be construed to compel any bank to surrender or dispose of any 
investment in the stocks or bonds of a corporation owning the lands or buildings 
occupied by such bank as its banking home, provided such stocks or bonds were 
lawfully acquired prior to February 18, 1921. 

1921, c. 4, s. 27. 

220(c). Stocks, limitations on investment in. No bank shall make any in- 
vestment in the capital stock of any other state or national bank: Provided, that 
nothing herein shall be construed to prevent the subscribing to or purchasing of 
the capital stock of banks organized under that act of congress commonly known as 
the "Edge Act" ; or central reserve banks, having a capital stock of more than 
one million dollars ; by banks doing business under this chapter, upon such terms 
as may be agreed upon. To constitute a central reserve bank as contemplated by 
this chapter, at least fifty per cent of the capital stock of such bank shall be owned 
by other banks. The investment of any bank in the capital stock of such central 
reserve bank or bank organized under that act of congress commonly known as the 
"Edge Act," shall at no time exceed ten per cent of the paid-in capital and perma- 
nent surplus of the bank making same. No bank shall invest more than fifty per 
cent of its permanent surplus in the stocks of other corporations, firms, partner- 

16 



220(f) BANKS— Art. 5 Oh. 5 

ships, or companies, unless such stock is purchased to protect the bank from loss. 
Any stocks owned or hereafter acquired in excess of the limitations herein imposed 
shall be disposed of at public or private sale within six months after the date of 
acquiring the same, and if not so disposed of they shall be charged to profit and 
loss account, and no longer carried on the books as an asset. The limit of time in 
which such stocks shall be disposed of or charged off the books of the bank may 
be extended by the corporation commission, if in its judgment it is for the best 
interest of the bank that such extension be granted. 
1921, c. 4, s. 28. 

220(d). Loans, limitations of. The total direct and indirect liabilities of 
any person, firm or corporation, other than municipal corporations, for money bor- 
rowed, including in the liabilities of a firm the liabilities of the several members 
thereof, shall at no time exceed twenty-five per cent of the capital stock and perma- 
nent surplus of any bank having a paid-in capital of two hundred and fifty thou- 
sand dollars or less; not more than twenty per cent of the capital and permanent 
surplus of any bank having a paid-in capital of more than two hundred and fifty 
thousand dollars, but not more than five hundred thousand dollars ; not more than 
fifteen per cent of the capital and permanent surplus of any bank having a paid-in 
capital of more than five hundred thousand dollars, but not more than seven 
hundred and fifty thousand dollars; and not more than ten per cent of the capital 
and permanent surplus of any bank having a paid-in capital of more than seven 
hundred and fifty thousand dollars : Provided, however, that the discount of bills 
of exchange drawn in good faith against actually existing values, the discount of 
trade acceptances or other commercial or business paper actually owned by the 
person, firm, or corporation negotiating the same, and the purchase of any notes 
secured by not less than a like face amount of bonds of the United States or state 
of North Carolina, or certificates of indebetdness of the United States, shall not 
be considered as money borrowed within the meaning of this section : Provided 
further, that the limitations upon loans herein imposed shall not apply to 
existing loans or extensions and renewals thereof, except as same may be made 
to apply by general or special regulations of the corporation commission. 

1921, c. 4, s. 29; 1923, c. 148, s. 6. 

220(e). Investment and loan limitation, suspension of. The board of direc- 
tors of any bank may, by resolution duly passed at a meeting of the board, request 
the corporation commission to temporarily suspend the limitation on loans and 
investments as same may apply to any particular loan or investment, which said 
bank desires to make in excess of the provisions of sections 220(b), 220(c), and 
220(d). Upon receipt of a duly certified copy of such resolution, the corporation 
commission may, in its discretion, suspend the limitation on loans and investments 
in so far as it would apply to the loan or investment which such bank desires to- 
make. 

1921, c. 4, s. 30. 

220(f). Reserve. Every bank shall at all times have on hand or on deposit 
with approved reserve depositories, instantly available funds in an amount equal to 
at least fifteen per cent of the aggregate amount of its demand deposits, and five per 

2 17 



220(g) BANKS— Art. 5 Ch. 5 

cent of the aggregate amount of its time deposits. But no reserve shall be required 
on deposits secured by a deposit of United States bonds or the bonds of the state of 
North Carolina. Any bank that is now or may hereafter become a member of 
the Federal Reserve Bank shall maintain the same reserve with respect to deposits 
as shall be required of other members of such Federal Reserve Bank. 
1921, c. 4, s. 31. 

220(g). Reserve consists of what. Reserve shall consist of cash on hand 
and balances payable on demand, due from other approved solvent banks, which 
have been designated depositories as hereinafter provided in this chapter. 

1021, c. 4, s. 32. 

220(h). Forged check, payment of. No bank shall be liable to a depositor 
for payment by it of a forged check or other order to pay money unless within 
sixty days after the receipt of such voucher by the depositor he shall notify the 
bank that such check or order so paid is forged. 

1921, c. 4, s. 33. 

220 (i). Minor, payment of deposit in the name of. Whenever any person 
who is a minor of the age of fifteen years and upwards shall make a deposit 
in any state or national bank in this state, the same shall be held for the exclusive 
benefit and right of such minor, free from the control of all persons whatsoever, 
and it shall be paid, together with the interest, if there be any interest thereon, 
to the person in whose name the deposit shall be made, and the receipt, check, or 
quittance of such minor to the said state or national bank shall be valid and 
sufficient release and discharge for such deposit, or any part thereof, to the bank 
in which said deposit was made: 

1921, c. 4, s. 34. 

220(j). Transactions not performed during banking hours. Nothing in any 
law of this state shall in any manner whatsoever affect the validity of, or render 
void or voidable, the payment, certification, or acceptance of a check or other 
negotiable instrument or any other transaction by a bank in this state, because 
done or performed during any time other than regular banking hours: Provided, 
that nothing herein shall be construed to compel any bank in this state, which by 
law or custom is entitled to close at twelve noon on any Saturday, or for the whole 
or part day of any legal holiday, to keep open for the transaction of business, or to 
perform any of the acts or transactions aforesaid on any Saturday after such hour 
or on any legal holiday, except at its option. 

1921, c. 4, s. 35. 

220 (k). Commercial and business paper defined. The term "commercial 
or business paper," as used in this chapter, is hereby defined to mean a promissory 
note, and the term "trade acceptance" to mean a draft or bill of exchange issued 
or drawn for agricultural, industrial, or commercial purposes, or the proceeds of 
which have been used or are to be used for such purposes, but such definition shall 
not include notes, drafts, or bills of exchange covering merely investments, or issued 
or drawn for the purpose of carrying on or trading in stocks, bonds, or other in- 
vestment securities, except bonds and notes of the government of the United States 

18 



220 (m) BANKS— Akt. 5 Oh. 5 

and state of North Carolina. Such notes, drafts and bills of exchange shall have a 
maturity at the time of discount of not more than nine days, except when drawn or 
issued for agricultural purposes, or based on livestock, when such maturities 
shall not exceed nine months from the date thereof, and must be actually owned 
by the person, firm or corporation negotiating the same. 
1921, c. 4, s. 36; 1923, c. 148, s. 7. 

220(1). Bank acceptances defined. Any bank doing business under this 
chapter may accept for payment at a future date, drafts or bills of exchange having 
not more than six months sight to run, drawn upon it by its customers under ac- 
ceptance agreements, and which grow out of transactions involving the importa- 
tion or exportation of goods; and issue letters of credit authorizing the holders 
thereof to draw upon it or its correspondence, provided that there is a definite 
bona fide contract for the shipment of goods within a specified reasonable time, 
and the existence of such contract is certified in the acceptance agreement or 
which grow out of transactions involving the domestic shipment of goods, pro- 
vided that shipping documents, conveying or securing to the accepting bank 
title to readily marketable goods, are attached or in the hands of an agent of the 
accepting bank, independent of the drawer, for his account, at the time of ac- 
ceptance, or which are secured at the time of acceptance by warehouse receipts 
or other documents conveying or securing to the accepting bank title to readily 
marketable goods fully covered by insurance, the warehouse receipts or other docu- 
ments to be those of a responsible warehouse, independent of the drawer, the 
acceptance to remain secured during the life of the acceptance unless suitable 
security of same character, or cash, be substituted : Provided, no bank shall 
accept drafts or bills of exchange under this section to an aggregate amount at 
any time more than equal to the sum of its capital and permanent surplus : Pro- 
vided further, that no bank shall accept, whether in a foreign or domestic trans- 
action, for any one person, firm, or corporation, to any amount at any time equal 
to more than twenty-five per cent of its capital and permanent surplus, unless the 
accepting bank is secured either by attached documents or those held for its account 
by its agent, independent of the drawer, or by some other actual security of the 
same character. Should the accepting bank purchase or discount its own accept- 
ances, such acceptances will be considered as a direct loan to the drawer, and be 
subject to the limitation on loans hereinbefore provided. The corporation com- 
mission may issue such further regulations as to such acceptances as it may deem 
necessary in conformity with this chapter. As used herein, the word "goods" 
shall be construed to mean and include goods, wares, merchandise, or agricultural 
products, including livestock. 

1921, c. 4, s. 37. 

220 (m). Nonpayment of check in error, liability for. No bank shall be 
liable to a depositor because of the nonpayment, through mistake or error, and 
without malice, of a check which should have been paid had the mistake or error 
of nonpayment not occurred, except for the actual damage by reason of such non- 
payment that the depositor shall prove, and in such event the liability shall not 
exceed the amount of damage so proven. 

1921, c. 4, s. 38. 

19 



220 (n) BANKS— Art. 5 Ch. 5 

220 (n). Checks sent direct to bank on which drawn. Any bank receiving for 
collection or deposit any check, note, or other negotiable instrument drawn upon 
or payable at another bank, located in another town or city, whether within or 
without this state, may forward such instrument for collection, direct to the bank 
on which it is drawn, or at which it is payable, and such method of forwarding 
direct to the payer bank shall be deemed due diligence, and the failure of such 
payer bank, because of its insolvency or other default, to account for the proceeds 
thereof, shall not render the forwarding bank liable therefor: Provided, however, 
such forwarding bank shall have used due diligence in other respects in connection 
with the collection of such instrument. 

1921, c. 4, s. 39. 

220 (o). Deposits in trust, payment of. Whenever any deposits shall be 
made in any bank or banking institution in this state by any person in trust for 
any other person who is a minor of the age of fifteen years and upward, and no 
other or further notice of the existence and terms of a legal and valid trust shall 
have been given to the bank, in the event of the death of the trustee, the same, 
or any part thereof, together with the dividends or interest thereon, may be paid 
to the person for whom said deposit was made : Provided, that the amount of said 
deposit is not in excess of one hundred dollars. 

1921, c. 4, s. 40. 

220 (p). Farm loan bonds, authorized investment in. Any bank or insur- 
ance company organized under the laws of this state, and any person acting as 
executor, administrator, guardian, or trustee, may invest in federal farm loan 
bonds issued by any federal farm loan bank or joint-stock land bank organized 
pursuant to an act entitled "An act of Congress to provide capital for agricultural 
development, to create standard forms of investment based upon farm mortgages, 
to equalize rates of interest upon farm loans, to furnish a market for United States 
bonds, to create government depositaries, and financial agents for the United States, 
and for other purposes," approved the seventeenth day of July, one thousand 
nine hundred and sixteen. 

1921, c. 4, s. 41. 

220 (q). Federal Reserve Bank, authority to join. The words "Federal 
Reserve Act," as herein used, shall be held to mean and to include the act of 
Congress of the United States, approved December twenty-third, nineteen hundred 
and thirteen, as heretofore and hereafter amended. The words "Federal Reserve 
Board" shall be held to mean the Federal Reserve Board created and described 
in the Federal Reserve Act. The words "Federal Reserve Banks" shall be held 
to mean Federal Reserve Banks created and organized under the authority of the 
Federal Reserve Act. The words "member bank" shall be held to mean any Na- 
tional or State bank or bank and trust company which has become or which be- 
comes a member of one of the Federal Reserve Banks created by the Federal Re- 
serve Act. 

(a) Any bank incorporated under the laws of this state shall have the power to 
subscribe to the capital stock and become a member of the Federal Reserve Bank. 

20 



220 (r) BANKS— Art. 5 Oh. 5 

(I) Any bank incorporated under the laws of this state which is, or which may 
become, a member of the Federal Eeserve Bank is by this act vested with all 
powers conferred upon member banks of the Federal Eeserve Banks by terms of 
the Federal Eeserve Act as fully and completely as if such powers were specifically 
enumerated and described therein, and such powers shall be exercised subject to 
all restrictions and limitations imposed by the Federal Eeserve Act, or by regula- 
tions of the Federal Eeserve Board made pursuant thereto. The right, however, 
is expressly reserved to revoke or to amend the powers herein conferred. 

(c) A compliance on the part of any such bank with the reserve requirements 
of the Federal Eeserve Act shall be held to be a full compliance with the provisions 
of the laws of this state, which require banks to maintain cash balances in their 
vaults or with other banks, and no such bank shall be required to carry or maintain 
reserve other than such as is required under the terms of the Federal Eeserve Act. 

(d) Any such bank shall continue to be subject to the supervision and examina- 
tion required by the laws of this state, except that the Federal Eeserve Board shall 
have the right, if it deems necessary, to make examinations ; and the authorities of 
this state having supervision over such banks may disclose to the Federal Eeserve 
Board, or to the examiners duly appointed by it, all information in reference to 
the affairs of any bank which has become, or desires to become, a member of a 
Federal Eeserve Bank. 

1921, c. 4, s. 42. 

220 (r). Establishment of branches. Any bank doing business under this 
chapter may establish branches in the cities in which they are located, or elsewhere, 
after having first obtained the written approval of the corporation commission, 
which approval may be given or withheld by the corporation commission, in its 
discretion, and shall not be given until it shall have ascertained to its satisfaction 
that the public convenience and advantage will be promoted by the opening of such 
branch. Such branch banks shall be operated as branches of and under the name 
of the parent bank, and under the control and direction of the board of directors 
and executive officers of said parent bank. The board of directors of the parent 
bank shall elect a cashier and such other officers as may be required to properly 
conduct the business of such branch, and a board of managers or loan committee 
shall be responsible for the conduct and management of said branch, but not of 
the parent bank or of any branch save that of which they are officers, managers, 
or committee: Provided, that the corporation commission shall not authorize 
the establishment of any branch, the paid-in capital stock of whose parent bank 
is not sufficient in an amount to provide for the capital of at least fifteen thousand 
dollars for the parent bank, and at least fifteen thousand dollars for each branch 
which it is proposed to establish in cities or towns of three thousand population 
or less ; nor less than thirty thousand dollars in cities and towns whose population 
exceeds three thousand, but does not exceed ten thousand ; nor less than fifty 
thousand dollars in cities and towns whose population exceeds ten thousand, but 
does not exceed twenty-five thousand ; nor less than one hundred thousand dollars 
in cities and towns whose population exceeds twenty-five thousand. All banks 
operating branches prior to February 18, 1921, shall, within a time limit to be 
prescribed by the corporation commission, cause said branch bank to conform to 
the provisions of this section. 

1921, c. 4, s. 43; Ex. Sess. 1921, c. 56, s. 2. 

21 



220 (s) BANKS— Art. 5 Oh. 5 

220 (s). Certificate of deposit, unlawful issuing of. It shall be unlawful for 
any bank to issue any certificate of deposit or other negotiable instrument of its 
indebtedness to the holder thereof except for lawful money of the United States, 
checks, drafts, or bills of exchange which are the actual equivalent of such money; 
nor shall such moneys, checks, drafts, or bills of exchange be the proceeds of any 
uote given in payment of the purchase price of any stock. Any officer or employee 
of any bank violating the provisions of this section shall be guilty of a misde- 
meanor, and upon conviction thereof shall be fined or imprisoned, or both, in the 
discretion of the court. 

1921, c. 4, s. 44. 

220 (t). Bank's own stock, unlawful to loan on. It shall be unlawful for any 
bank to make any loan secured by the pledge of its own shares of stock, nor shall 
any bank be the holder as pledgee, or as purchaser, of any portion of its capital 
stock unless such stock is purchased or pledged to it to prevent loss upon a debt 
previously contracted in good faith. 

1921, c. 4, s. 45. 

220 (u). Deposits payable on demand. Any bank may receive deposits of 
funds subject to withdrawal or to be paid- upon the checks of the depositor. All 
deposits in such banks shall be payable on demand, without notice, except when 
the contract of deposit shall otherwise provide. 

1921, c. 4, s. 46. 

220 (v). Deposits in savings banks. Any bank conducting a savings de- 
partment may receive deposits on such terms as are authorized by its board of 
directors and agreed to by its depositors. The board of directors shall prescribe 
the terms upon which such deposits shall be received and paid out, and a passbook 
shall be issued to each depositor containing the rules and regulations adopted by 
the board of directors governing such deposits, in which shall be entered each 
deposit made, the interest allowed thereon, and each payment made to such de- 
positor. By accepting such book the depositor assents and agrees to the rules and 
regulations therein contained. 

1921, c. 4, s. 47. 

220 (w). Board of directors, banks controlled by. The corporate powers, 
business, and property of banks doing business under this chapter shall be exer- 
cised, conducted, and controlled by its board of directors, which shall meet at least 
quarterly. Such board shall consist of not less than five directors, to be chosen by 
the stockholders, and shall hold office for one year, and until their successors are 
elected and qualified. 
1921, c. 4, s. 48. 

220 (x). Statements showing deposits of state and state officials. All banks 
in which any money is on deposit by the state of North Carolina or any of the 
officials thereof shall, in their published statements as by law required, show the 
amount of money on deposit in such bank to the credit of the state or of any official 
thereof; and no officials of the state shall deposit money in any bank which shall 
refuse to comply with the provisions of this law. 
1923, c. 211, s. 1. 

22 



220 (dd) BANKS— Art. 5 Oh. 5 

220 (y). Deposits by state departments or institutions. All moneys collected 
by any state department or institution shall be deposited with or to the credit of 
the state treasurer, as and when directed by the governor and council of state. 

1923, c. 211, s. 2. 

220 (z). Fees on remittances covering checks. For the purpose of pro- 
viding for the solvency, protection, and safety of the banking institutions and 
trust companies chartered by this state,. and having their principal offices in this 
state, it shall be lawful for all banks and trust companies in this state to charge 
a fee, not in excess of one-eighth of one per cent, on remittances covering checks, 
the minimum fee on any remittance therefor to be ten cents. 
1921, c. 20, s. 1. 

220 (aa). Checks payable in exchange. In order to prevent accumulation 
of unnecessary amounts of currency in the vaults of the banks and trust com- 
panies chartered by this state, all checks drawn on said banks and trust companies 
shall, unless specified on the face thereof to the contrary by the maker or makers 
thereof, be payable at the option of the drawee bank, in exchange drawn on the 
reserve deposits of said drawee bank when any such check is presented by or 
through any Federal Reserve Bank, postoffice, or express company, or any respect- 
ive agents thereof. 

1921, c. 20, s. 2. 

220 (bb). Notation on checks forbidden. In shall be unlawful for any person, 
or persons, other than the maker thereof to make, by rubber stamp or otherwise, 
any notation on any check drawn on any bank or trust company chartered in this 
state, the effect of which notation shall change or affect any condition or provision 
thereof, as created by this law. Any person or persons violating this section shall 
be guilty of a misdemeanor, and upon conviction shall pay a fine of not more than 
two hundred dollars, ($200) or be imprisoned not more than thirty days. 

1921, c. 20, s. 3. 

220 (cc). Checks exempted. All checks drawn on the banks and trust com- 
panies in this state in payment of obligations due the state of North Carolina or 
the federal government shall be exempt from the provisions of sections 220(z) 
and 220(aa). 

1921, c. 20, s. 4. 

220 (dd). No protest on checks refused for nonpayment of exchange 
charges. No action on refusal to pay checks. No officer in this state shall 
protest for nonpayment any check or checks drawn on any bank or trust company 
chartered by this state when payment is refused by the drawee bank solely on ac- 
count of failure or refusal of the holder or owner thereof to pay exchange charges 
herein authorized ; and there shall be no right of action, either in law or equity, 
against any bank or trust company chartered by this state, for refusal to pay any 
such check when such action is based alone on the ground of refusal to pay exchange 
or collection charges herein authorized. 

1921, c. 20, s. 5. 

23 



221(a) BANKS— Art. 6 Ch. 5 

Akt. 6. Officers and Directors 

221(a). Executive committee, directors shall appoint. The board of di- 
rectors shall appoint an executive committee or committees, each of which shall 
be composed of at least three of its members with such duties and powers as are 
defined by the regulations or by-laws, who shall serve until their successors are 
appointed. Such executive committee or committees shall meet as often as the 
board of directors may require, which shall not be less frequently than once each 
month, and approve or disapprove all loans and investments. All loans and invest- 
ments shall be made under such rules and regulations as the board of directors 
may prescribe. 
1921, c. 4, s. 49. 

221(b). Minutes of directors and executive committee meetings. Minutes 
shall be kept of all meetings of the board of directors and of the executive com- 
mittee or committees, and same shall be recorded in a book or books which shall be 
kept for that purpose ; which book or books shall be kept on file in the bank. Such 
minutes shall show a record of the action taken by the board of directors and 
•executive committee or committees, on all loans, discounts, and investments made, 
authorized or approved, and such further action as the board of directors 
and executive committee or committees shall make concerning the conduct, man- 
agement, and welfare of the bank. The minutes of the executive committee or 
committees shall be submitted to the board of directors for approval at each meet- 
ing of the board. 

1921, c. 4, s. 50. 

221(c). Directors, qualifications of. Every director of a bank doing business 
under this chapter shall be the owner and holder of shares of stock in the bank 
having a par value of not less than five hundred dollars : Provided, such bank 
shall have a capital stock of more than fifteen thousand dollars, and not less than 
two hundred dollars if such bank shall have a capital stock of fifteen thousand 
dollars or less. And every such director shall hold such shares in his own name 
unpledged and unencumbered in any way. The office of any director at any time 
violating any of the provisions of this section shall immediately become vacant, 
and the remaining directors shall declare his office vacant and proceed to fill such 
vacancy forthwith. Not less than three-fourths of the directors of every bank 
doing business under this chapter shall be residents of the state of North Carolina : 
Provided, that as to banks doing business before the ratification of this chapter 
the requirements as to amount of stock owned by a director shall not apply unless 
the corporation commission shall rule that such director is not bona fide discharg- 
ing his duties. 

1921, c. 4, s. 51. 

221(d). Directors shall take oath. Every director shall, within thirty days 
after his election, take and subscribe, in duplicate, an oath that he will diligently 
and honestly perform his duties in such office; and that he is the owner in good 
faith of the shares of stock of the bank required to qualify him for such office, 
standing in his own name on its books, and one of such oaths shall forthwith be 

24 



221 (i) BANKS— Art. 6 Ch. 5 

filed with the corporation commission, and the other shall be kept on file in the 
bank. 
1921, c. 4, s. 52. 

221(e). Directors, liability of. Any director of any bank who shall know- 
ingly violate, or who shall knowingly permit to be violated by any officers, agents 
or employees of such bank, any of the provisions of this chapter shall be held per- 
sonally and individually liable for all damages which the bank, its stockholders 
or any other person shall have sustained in consequence of such violation. 

1921, c. 4, s. 53. 

221(f). Directors, examining committee of. A committee of at least three 
directors or stockholders shall be appointed annually to examine, or to superintend 
the examination of the assets and the liabilities of the bank, and to report to the 
board of directors the result of such examination. The committee, with the ap- 
proval of the board of directors, may provide for such examination by a certified 
public accountant or clearing-house examiner in any city where such examination 
is provided for by the rules of such clearing-house association. A copy of such 
report of examination, which is herein required to be made, attested, and verified 
under oath by the signature of at least three members of such committee, shall 
forthwith be filed with the corporation commission. 

1921, c'4, s. 54. 

221(g). Depositaries, designation by directors. By resolution of the board 
of directors, other banks organized under the laws of this state, or of another 
state, or of the national banking act of the United States, shall be designated as 
depositaries or reserve banks in which a part of such bank's reserve shall be de- 
posited, subject to payment on demand. A copy of such resolution shall, upon its 
adoption, be forthwith certified to the corporation commission and the depositary 
so designated shall be subject to the approval of the corporation commission. For 
causes which it may deem adequate, the corporation commission shall have au- 
thority at any time to withdraw such approval. 

1921, c. 4, s. 55. 

221(h). Stockholders' books. The directors shall provide a book in which 
shall be kept the name and resident address of each stockholder, the number of 
shares held by each, the time when such person became a stockholder, together 
with all transfer of stock, stating the time when made, the number of shares and 
by whom transferred, which book shall be subject to the inspection of the directors, 
officers, and stockholders of the bank at all times during the usual hours for the 
transaction of business. 

1921, c. 4, s. 56. 

221(i). Directors, officers, etc., accepting fees, etc. No gift, fee, permission, 
or brokerage charge shall be received, directly or indirectly, by any officer, director, 
or employee of any bank doing business under this chapter, on account of any 
transaction to which the bank is a party. Any officer, director, employee,' or agent 
who shall violate the provisions of this section shall be guilty of a misdemeanor, 

2$ 



221 (j) BANKS— Art. 6 Ch. 5 

and shall be and thereafter remain ineligible as an officer, director, or employee 
of any bank doing business under this chapter. Nothing in this section shall be 
construed to prevent the payment of necessary and proper attorney's fees to any 
licensed attorney for professional services rendered. 
1921, c. 4, s. 57. 

221 (j). Dividends, directors may declare. The board of directors of any 
bank may declare a dividend of so much of its undivided profits as they may 
deem expedient, subject to the requirements hereinafter provided. Before such 
dividend is declared, not less than twenty-five per cent of the undivided profits 
of any bank, having a capital stock of fifteen thousand dollars or more, shall be 
carried to the surplus of such bank until its surplus amounts to fifty per cent of 
its paid-in capital stock ; and not less than fifty per cent of the undivided profits 
of any bank having a capital stock of less than fifteen thousand dollars shall 
be carried to the surplus of such bank until its surplus amount to one hundred 
per cent of its paid-in capital stock. In order to ascertain the undivided profits 
from which such dividend may be made, there shall be charged and deducted from 
the actual profits : 

(a) All ordinary and extraordinary expenses, paid or incurred, in managing 
the affairs and transacting the business of the bank ; 

(b) Interest paid or then due on debts which it owes; 

(c) All taxes due; 

(d) All overdrafts which have been standing on the books of the bank for a 
period of sixty days or longer; 

(e) All losses sustained by the bank. In computing the losses, debts owing to 
it which have become due and which are not in process of collection, and on which 
interest for one year or more is due and unpaid, unless same are well secured, 
and debts upon which final judgment has been recovered, but has been for more 
than one year unsatisfied, and on which also for a period of one year no interest 
has been paid, unless same are well secured, shall be included. 

1921, c. 4, s. 58. 

221 (k). Surplus, shall not be used for. The surplus of any bank doing 
business under this chapter shall not be used for the purpose of paying expenses 
or losses until the credit to undivided profits has been exhausted. But any portion 
of such surplus may be converted into capital stock and distributed as a stock 
dividend, provided that such surplus shall not thereby be reduced below fifty per 
cent of the paid-in capital of such bank, having a paid-in capital of fifteen thous- 
and dollars or more. When the surplus of any bank having a capital stock of less 
than fifteen thousand dollars shall reach an amount equal to one hundred per cent 
of its paid-in capital, the board of directors of such bank shall declare a dividend 
of fifty per cent of said surplus and distribute the same as a stock dividend : Pro- 
vided that where the distribution of such a stock dividend would increase the capital 
stock of any bank to an amount greater than fifteen thousand dollars, the board 
of directors of such bank may, in its discretion, declare a stock dividend of only 
so much of said surplus as will be necessary to increase the stock of the said bank 
to fifteen thousand dollars. 
1921, c. 4, s. 59. 



222(a) BANKS— Art. 7 Ch. 5 

221(1). Overdrafts, payment by officer, etc. Any officer (other than a di- 
rector), or employee of a bank, who shall permit any customer or other person to 
overdraw his account, or who shall pay any check or draft, the paying of which 
shall overdraw any account, unless the same shall be authorized by the board of 
directors or by a committee of such hoard authorized to act, shall be personally 
and individually liable to such bank for the amount of such overdrafts. 

1921, c. 4, s. 60. 

221 (m). Officers and employees shall give bond. The active officers and 
employees of any bank, before entering upon their duties, shall give bond to the 
bank in a bonding company authorized to do business in North Carolina in the 
amount to be required by the directors, in such form as may be prescribed or 
approved by the corporation commission. The corporation commission, or direc- 
tors of such bank, may require an increase of the amount of such bond whenever 
they may deem it necessary. If injured by the breach of any bond given here- 
under, the bank so injured may put the same i.i suit and recover such damages 
as it may have sustained. 

1921, c. 4, s. 61; Ex. Sess. 1921, c. 18. 

221(n). Officers and employees may borrow, when. No officer who is actively 
engaged in the management of any bank, or any employee, shall borrow any 
amount whatever from said bank by whom employed, except upon good collateral, 
or other ample security or endorsement; and no such loan shall be made until 
after it has been approved by a majority of the directors or a committee of the 
board of directors authorized to act. 

1921, c. 4, s. 62. 

Art. 7. Corporation Commission 

222(a). Corporation commission shall have supervision over, etc. Every 
bank, corporation, partnership, firm, company, or individual, now or hereafter 
transacting the business of banking, or doing a hanking business in connection 
with any other business, under the laws of and within this state, shall be subject 
to the provisions of this chapter, and shall be under the supervision of the corpo- 
ration commission. The corporation commission shall exercise control of and 
supervision over the banks doing business under this chapter, and it shall be its 
duty to execute and enforce through the chief state bank examiner, the state bank 
examiners, and such other agents as are now or may hereafter be created or ap- 
pointed, all laws which are now or may hereafter be enacted relating to banks as 
defined in this chapter. For the more complete and thorough enforcement of the 
provisions of this chapter, the corporation commission is hereby empowered to 
promulgate such rules, regulations, and instructions, not inconsistent with the 
provisions of this chapter, as may in its opinion be necessary to carry out the 
provisions of the laws relating to banks and banking as herein defined, and as may 
be further necessary to insure such safe and conservative management of the 
banks under its supervision as will provide adequate protection for the interests 
of the depositors, creditors, stockholders, and public in their relations with such 
banks. All banks doing business under the provisions of this chapter shall conduct 

27 



222(b) BANKS— Art. 7 Ch. 5 

their business in a manner consistent with all laws relating to banks and banking, 
and all rules, regulations, and instructions that may be promulgated or issued 
by the corporation commission. 
1921, c. 4, s. 63. 

222(b). Reports of condition. Every bank shall make to the corporation 
commission not less than three reports during each year, according to the form 
which may be prescribed by said commission ; which report shall be verified by 
the oath or affirmation of the president, vice-president, cashier, secretary, or treas- 
urer of said bank, and in addition thereto, two of the directors, in the case of 
incorporated banks, and in other cases by the oath or affirmation of the partners, 
members of the firm, or individual owner. Each such report shall exhibit in 
detail and under appropriate heads the resources, assets, and liabilities of such 
bank at the close of business on any past day by the corporation commission 
specified, and shall be transmitted to the corporation commission within ten 
days after the receipt of a request or requisition therefor from the commission; 
and in a form prescribed by the corporation commission; a summary of such report 
shall be published in a newspaper published in the place where the bank is located, 
or if there is no newspaper in the place, then in the nearest one published thereto 
in the county in which such bank is established. Proof of such publication shall 
be furnished the corporation commission in such form as may be prescribed by it. 

1921, c. 4, s. 64; 1923, c. 148, s. 2. 

222(c). Reports of condition of trust and surety companies. Every person, 
firm, corporation, or partnership doing a banking business, or a banking business 
in connection with any other business, shall make to the corporation commission 
not less than three reports during each year, on forms prescribed by the corpora- 
tion commission. If any person, firm, corporation, or copartnership shall show 
by said reports, or by the examination of any state bank examiner, that such 
liabilities are equal to the amount of the capital stock of such bank, the corpora- 
tion commission shall have authority, and is hereby empowered to make such rules 
and regulations for the reduction of said liabilities as it may deem necessary for 
the protection of the creditors and depositors of such banking institution. 

1921, c. 4, s. 65; 1923, c. 148, ss. 1, 3. 

222(d). Special reports. The corporation commission may call for special 
reports whenever in its judgment it is necessary to inform it of the condition of 
any bank, or to obtain a full and complete knowledge of its affairs. Said reports 
shall be in and according to the form prescribed by the corporation commission, 
and shall be verified in the manner provided in section 222(b), and shall be pub- 
lished as therein provided, if required by the commission so to be. 

1921, c. 4, s. 66. 

222(e). Failure to make report, penalty for. Every bank failing to make 
and transmit any report which the corporation commission is authorized to require 
by this chapter, and in and according to the form prescribed by said commission, 
within ten days after the receipt of a request or requisition therefor, or failing 
to publish the reports as required, shall forthwith be notified by the corporation 

28 



223(a) BANKS— Art. 8 Ch. 5 

commission, and if such failure continue for five days after the receipt of such 
notice, such delinquent bank shall be subject to a penalty of two hundred dollars. 
The penalty herein provided for shall be recovered in a civil action in any court 
of competent jurisdiction, and it shall be the duty of the attorney-general to prose- 
cute all such actions. 
1921, c. 4, s. 67. 

222(f). Annual report of stockholders. Every bank doing business under 
this chapter shall at all times keep a correct record of the names of all its stock- 
holders, and once in each year, or whenever called upon, file in the office of the 
corporation commission a correct list of all its stockholders, the resident address 
of each, and the number of shares held by each. 

1921, c. 4, s. 68. 

222(g). Official communications of corporation commission. Each official 
communication directed by the corporation commission, or any state bank ex- 
aminer, to any bank, or to any officer thereof, relating to an examination or in- 
vestigation conducted or made by the banking department of the corporation com- 
mission, or containing suggestions or recommendations as to the conduct of the 
bank shall, if required by the authority submitting same, be submitted by the 
officer or director receiving it, to the executive committee or board of directors 
of such bank and duly noted in the minutes of such meeting. The receipt and 
submission of such notice to the executive committee or board of directors shall 
be certified to the corporation commission within such time as it may require, by 
three members of such committee or board. 
1921, c. 4, s. 69. 

222(h). Books, records, etc., corporation commission may prescribe. When- 
ever in its judgment it may appear to be advisable, the corporation commission 
may issue such rules, instructions, and regulations prescribing the manner of 
keeping books, accounts, and records of banks as will tend to produce uniformity 
in the books, accounts, and records of banks of the same class. 

1921, c. 4, s. 70. 

222 (i). Reserve, w! en below legal requirement. When the reserve of any 
bank falls below the amount required by law, it shall not make new loans or dis- 
counts, otherwise than by discounting or purchasing bills of exchange, payable at 
sight or on demand, nor make dividends of its profits until the reserve required 
by law is restored. The corporation commission shall require any bank whose 
reserve falls below the 'amount herein required immediately to make good such 
reserve. In case the bank fails for thirty days thereafter to make good its reserve, 
the corporation commission may forthwith take possession of the property and 
business of such bank until its affairs be adjusted or finally liquidated as provided 
for in this chapter. 

1921, c. 4, s. 71. 

Art. 8. Baxk Examiners 

223(a). Appointment ty corporation commission. The corporation commis- 
sion, for the purpose of carrying out the provisions of this chapter, shall appoint 

29 



223(b) BANKS— Akt. 8 Ch. 5 

from time to time a chief state bank examiner, such state bank examiners, assistant 
state bank examiners, clerks and stenographers as may be necessary to make a 
thorough examination of and into the affairs of every bank doing business under 
this chapter, as often as the commission may deem necessary, and at least once 
each year. The corporation commission may at any time remove any person ap- 
pointed by it under this chapter. 
1921. c. 4, s. 72. 

223(b). Duties and powers. It shall be the duty of the examiners to verify 
all reports made to the corporation commission by the officers and directors, mem- 
bers, or individuals conducting any banking institution, as required by this chap- 
ter or by the corporation commission. The officers of every bank shall submit 
and surrender its books, assets, papers, and concerns to the examiners, appointed 
under this chapter, who shall retain the custody and possession of such books, 
assets, papers, and concerns for such length of time as may be required for the 
purpose of making an examination as required by this chapter. If any officer 
shall refuse to surrender the books, assets, papers, and concerns as herein provided, 
or shall refuse to be examined under oath touching the affairs of such bank, the 
said examiner may forthwith take possession of the property and business of the 
bank and liquidate its affairs in accordance with the provisions of this chapter. 

1921, c. 4, s. 73. 

223(c). Officers and employees, removal of. The corporation commission 
shall have the right, and is hereby empowered, to require the immediate removal 
from office of any officer, director, or employee of any bank doing business under 
this chapter, who shall be found to be dishonest, incompetent, or reckless in the 
management of the affairs of the bank, or who persistently violates the laws of this 
state or the lawful orders, instructions, and regulations issued by the corporation 
commission. 

1921, c. 4, s. 74. 

223(d). Examiners may administer oath. For the purpose of making ex- 
aminations as required by this chapter, any duly appointed examiner may ad- 
minister oaths to examine any officer, director, agent, employee, customer, depositor, 
shareholders of such bank, or any other person or persons, touching its affairs and 
business. Any examiner may summon in writing any officer, director, agent, 
employee, customer, depositor, shareholder, or any person or persons resident of 
this state to appear before him and testify in relation thereto. 

1921, c. 4, s. 75. 

223(e). Examiners may make arrest. When it shall appear to any examiner, 
by examination or otherwise, that any officer, agent, employee, director, stock- 
holder, or owner of any bank has been guilty of a violation of the criminal laws 
of this state relating to banks, it shall be his duty, and he is hereby empowered 
to hold and detain such person or persons until a warrant can be procured for 
his arrest; and for such purposes such examiner shall have and possess all the 
powers of peace officers of such county, and may make arrest without warrant 
for past offenses. Upon report of his action to the corporation commission, it 

30 



223(g) BANKS— Akt. 8 Ch. 5 

may direct the release of the person or persons so held, or, if in its judgment such 
person or persons should be prosecuted, the commission shall cause the solicitor 
of the judicial district in which such detention is had to be promptly notified, and 
the action against such person or persons shall be continued a reasonable time 
to enable the solicitor to be present at the trial. 
1921, c. 4, s. 76. 

223(f). Annual examinations. One examination each year shall be desig- 
nated the annual examination, and for such examination, or any special examina- 
tion, the bank shall pay into the office of the corporation commission an examina- 
tion fee not in excess of the following: Banks having total resources of not more 
than one hundred thousand dollars ($100,000), twenty dollars ($20) ; those having 
total resources of more than one hundred thousand dollars ($100,000) and not 
over two hundred thousand dollars ($200,000), twenty-eight ($28) ; those having 
total resources of more than two hundred thousand dollars ($200,000) and not 
over three hundred thousand dollars ($300,000), thirty-two dollars ($32); those 
having total resources of more than three hundred thousand dollars ($300,000) 
and not over four hundred thousand dollars ($400,000), thirty-six dollars ($3G) : 
those having total resources of more than four hundred thousand dollars ($400,000) 
and not more than five hundred thousand dollars ($500,000), forty dollars ($40) ; 
those having total resources of more than five hundred thousand dollars ($500,000) 
and not more than seven hundred and fifty thousand dollars ($750,000), forty- 
eight dollars ($48) ; those having total resources of more than seven hundred and 
fifty thousand dollars ($750,000) and not more than one million dollars ($1,000,- 
000), sixty dollars ($60), plus three dollars ($3) for each one hundred thousand 
dollars ($100,000) and fraction thereof until its resources reach five million dol- 
lars ($5,000,000), and then two dollars for each additional one hundred thousand 
dollars ($100,000) and fraction thereof. All examinations made, other than those 
designated annual examinations, shall be deemed to be special examinations. In 
addition to the examination fees required to be paid, the banks under examination 
shall pay the expenses incurred by the examiners, which expenses may be prorated 
among the several banks of the state upon such a basis as may in the opinion of 
the corporation commission appear to be equitable and fair. For services per- 
formed for any bank other than examinations, the corporation commission may 
make such charge as in its opinion is fair and just. The corporation commission 
shall fix the compensation to be paid to the chief state bank examiner, state bank 
examiners, assistant state bank examiners, clerks, and stenographers employed in 
the banking department of the commission. The total compensation of said 
examiners, clerks, and stenographers shall not exceed in any one year the total fees 
and expenses collected under the provisions of this chapter. 

1921, c. 4, s. 77. 

223(g). Examiners shall make report. Examiners shall make a full and 
detailed report in writing to the corporation commission of the condition of each 
bank within ten days after each and every examination made by them. 

1921, c. 4, s. 78. 



31 



224(a) BANKS— Art. 9 Ch. 5 



Art. 9. Penalties 

224(a). Examiner making false report. If any bank examiner shall knowingly 
and willfully make any false or fraudulent report of the condition of any bank, 
which shall have been examined by him, with the intent to aid or abet the officers, 
owners, or agents of such bank in continuing to operate an insolvent bank, or if 
any such examiner shall keep or accept any bribe or gratuity given for the purpose 
of inducing him not to file any report, of examination of any bank made by him, 
or shall neglect to make an examination of any bank by reason of having received 
or accepted any bribe or gratuity, he shall be guilty of a felony, and on conviction 
thereof shall be imprisoned in the state prison for not less than four months nor 
more than ten years. 

1921, c. 4, s. 79. 

224(b). Examiners disclosing confidential information. If any bank examiner 
or otber employee of the banking department of the corporation commission fails 
to keep secret the facts and information obtained in the course of an examination 
of a bank, except when the public duty of such examiner or employee requires 
him to report upon or take official action regarding the affairs of such bank, he 
shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not 
more than five hundred dollars or imprisoned not more than twelve months, or 
both, in the discretion of the court. Nothing in this section shall prevent the 
proper exchange of information with the representatives of the banking depart- 
ments of other states, with the Federal Reserve Bank or national bank examiners, 
or other authorities, with the creditors of such bank or others with whom a proper 
exchange of information is wise or necessary, or with the clearing-house officials 
and examiners. 

1921, c. 4, s. 80. 

224(c). Bank, unauthorized use of the word. No corporation shall hereafter 
be chartered under the laws of this state with the words "bank," "banking," 
"banker," or "trust" as a part of its name except corporations reporting to the 
corporation commission and under its supervision, or under the supervision of 
the insurance commissioner ; nor shall any corporate name be so amended as to 
include the words "bank," "banking," "banker," or "trust," unless the corporation 
be under such supervision. No person, association, firm, or corporation domiciled 
within the state of North Carolina, except corporations, persons, associations, or 
firms reporting to and under the supervision of the corporation commission, or 
under the supervision of the insurance commissioner, shall therein advertise or put 
forth any sign as bank, banking, banker, or trust company, or use the word bank, 
banking, banker, or trust as a part of its name and title : Provided, that this 
chapter shall not be held to prevent any individual as such from acting in any 
trust capacity as heretofore. Any violation of the provisions of this section shall 
be a misdemeanor, and upon conviction thereof the offender shall be fined in a sum 
not exceeding five hundred dollars for each offense. 

1921, c. 4, s. 81. 

32 



224(g) BANKS— Art. 9 Ch. 5 

224(d). False reports, willfully and maliciously making. Any person who 
shall willfully and maliciously make, circulate, or transmit to another or others 
any statement, rumor, or suggestion, written, printed, or by word of mouth, which 
is directly or by inference derogatory to the financial condition, or affects the sol- 
vency or financial standing of any hank, or who shall counsel, aid, procure, or 
induce another to state, transmit, or circulate any such statement or rumor shall 
be guilty of a misdemeanor, and upon conviction thereof shall be fined or im- 
prisoned, or both, in the discretion of the court. 

1921, c. 4, s. 82. 

224(e). Misapplication, embezzlement of funds, etc. Whoever being an 
officer, employee, agent, or director of a bank, embezzles, abstracts, or willfully 
misapplies any of the money, funds, credit, or property of such bank, whether 
owned by it or held in trust, or willfully and fraudulently issues or puts forth a 
certificate of deposit, draws an order or bill of exchange, makes an acceptance, 
assigns a note, bond, draft, bill of exchange, mortgage, judgment, or decree, or 
makes a false statement or certificate as to a trust deposit or contract, for or under 
which such bank is acting as trustee, or makes a false entry in, or conceals the 
true and correct entry in a book, report, or statement of such bank, or who shall loan 
the funds or credit of any bank to any company or corporation known to be in- 
solvent, or which has ceased to exist, or to any person upon the collateral security 
of any stocks or. bonds of such company or corporation which is known to be in- 
solvent, or which has ceased to exist, or which never had any existence, or ficti- 
tiously borrows or solicits, obtains or receives money for a bank not in good faith, 
intended to become the property of such bank, with intent to defraud or injure 
the bank or another person or corporation, or to deceive an officer of the bank 
or an agent appointed to examine the affairs of such bank, or publishes a false 
report relating to the financial condition of the bank, with the intent to conceal 
its true financial condition, or to defraud or injure it or another person or corpo- 
ration, shall be guilty of a felony, and upon conviction thereof shall be fined not 
more than ten thousand dollars, or imprisoned in the state prison not more than 
thirty years, or both. 

1921, c. 4, s. 83. 

224(f). False certification of a check. Whoever, being an officer, employee, 
agent, or director of a bank, certifies a check drawn on such bank, and willfully 
fails to forthwith charge the amount thereof against the account of the drawer 
thereof, or willfully certifies a check drawn on such bank unless the drawer of 
such check has on deposit with the bank an amount of money subject to the pay- 
ment of such check an equivalent to the amount therein specified, shall be guilty of 
a felony, and upon conviction shall be fined not more than five thousand dollars 
or imprisoned in the state prison for not more than five years, or both. 

1921, c. 4, s. 84. 

224(g). Insolvent banks, receiving deposits in. Any person, being an officer 
or employee of a bank, who receives, or being an officer thereof, permits an em- 
ployee to receive money, checks, drafts, or other property as a deposit therein when 
he has knowledge that such bank is insolvent, shall be guilty of a felony, and 

3 33 



224(h) BANKS— Art. 10 Ch. 5 

upon conviction thereof shall be fined not more than five thousand dollars or 
imprisoned in the state prison not more than five years, or both. 
1921, c. 4, s. 85. 

224(h). Capital stock, advertising larger amount than that paid in. It 

shall be unlawful for any bank to advertise in a newspaper, letterhead, or any 
other way, a larger capital stock than has been actually paid in in cash. Any 
bank violating this section shall be subject to a penalty of five hundred dollars 
for each and every offense. The penalty herein provided for shall be recovered 
by the state in a civil action in any court of competent jurisdiction, and it shall 
be the duty of the attorney-general to prosecute all such actions. 
1921, c. 4, s. 86. 

224 (i). Offenses declared misdemeanors; prosecution; employment of coun- 
sel; punishment. Any offense against the banking laws of the state of North 
Carolina which is not elsewhere specifically declared to be a crime, or for which 
elsewhere a penalty is not specifically provided, is hereby declared to be a misde- 
meanor, and shall be punishable at the discretion of the court. The corporation 
commission is authorized and directed to prosecute all offenses against the banking 
laws of the state, and to that end are expressly authorized to employ counsel to 
prosecute in ' the inferior courts and to aid the solicitor in the superior courts. 
The auditor of the state shall, upon the certificate of the chairman of the corpo- 
ration commission, accompanied by an itemized statement of the account, draw 
his warrant upon the state treasurer to compensate the counsel so employed, and 
the state treasurer shall pay the same out of the funds in the treasury and not 
otherwise appropriated. 

Ex. Sess. 1921, c. 56, s. 4. 

224(j). General corporation law to apply. All provisions of the law relating 
to private corporations, and particularly those enumerated in the chapter en- 
titled "Corporations," not inconsistent with this chapter or with the business of 
banking, shall be applicable to banks. 

1921, c. 4, s. 87. 

Art. 10. Industrial Banks 

225(a). Industrial bank defined. The term "industrial bank," as used in 
this article shall be construed to mean any corporation organized, or which may 
hereafter be organized, under the general corporation laws of this state, which is 
engaged in lending money to be repaid in weekly, or monthly, or other periodical 
installments, or principal sums as a business : Provided, however, this definition 
shall not be construed to include building and loan associations, or commercial or 
savings banks. 

1923, c. 225, s. 1. 

225(b). Manner of organization. Corporations may be organized under this 
article in the same manner as provided for corporations authorized under the 
chapter on corporations. 

1923, c. 225, s. 2. 

34 



225(f) BANKS— Art. 10 Ch. 5 

225(c). Corporate title. Every corporation incorporated or reorganized pur- 
suant to the provisions of this article shall be known as an industrial bank, and 
may use the word "bank" as part of its corporate title. 

1923, c. 225, s. 3. 

225(d). Capital Stock. The amount of capital stock with which any indus- 
trial bank shall commence business shall not be less than twenty-five thousand 
dollars ($25,000.00), in cities or towns of fifteen thousand population or less; nor 
less than fifty thousand dollars ($50,000.00), in cities or towns whose population 
exceeds fifteen thousand but does not exceed twenty-five thousand ; nor less than 
one hundred thousand dollars ($100,000.00), in cities or towns whose population 
exceeds twenty-five thousand ; the population to be ascertained by the last pre- 
ceding national census : Provided, that this section shall not apply to industrial 
banks organized and doing business prior to March 3, 1923. 

1923, c. 225, s. 4. 

225(e). Sales of capital stock; accounting; fees. The capital stock sold by 
any industrial bank in process of organization, or for an increase of the capital 
stock, shall be accounted for to the bank in the full amount paid for the same. 
No commission or fee shall be paid to any person, association, or corporation for 
selling such stock. The corporation commission shall refuse authority to commence 
business to any industrial bank where commissions or fees have been paid, or 
have been contracted to be paid by it, or by any one in its behalf to any person, 
association, or corporation for securing subscriptions for or selling stock in such 
bank. 

1923, c. 225, s. 5. 

225(f). Powers. In addition to the general powers conferred upon corpora- 
tions formed under the chapter on corporations, every industrial bank shall have 
the following powers : 

1. To loan money on real or personal security and reserve lawful interest in 
advance upon such loans, and to discount or purchase notes, bills of exchange, ac- 
ceptances or other choses in action. 

2. To sell or offer for sale its secured or unsecured evidences or certificates of 
indebtedness, or investment, and to receive from investors therein or purchasers 
thereof payments therefor in installments or otherwise, with or without an allow- 
ance of interest upon such payments, whether such evidence or certificates of in- 
debtedness or of investment be hypothecated for a loan or not, and to enter into 
contracts in the nature of a pledge or otherwise with such investors or purchasers 
with regard to such evidences or certificates of indebtedness, or of investment; 
and no such transaction shall in any way be construed to affect the rate of interest 
on such loans. 

3. To charge for a loan made pursuant to this section one dollar for each fifty 
dollars or a fraction thereof loaned, up to and including loans of two hundred and 
fifty dollars, and for loans in excess of two hundred and fifty dollars, one dollar 
for each two hundred and fifty dollars excess or fraction thereof, to cover expenses, 
including any examination or investigation of the character and circumstances of 
the borrower, comaker, or surety. An additional fee of five dollars may be charged 

35 



225(g) BANKS— Art. 10 Ch. 5 

on such loans where same are secured by mortgage on real estate. No charge shall 
be collected unless a loan shall have been made. 

4. To establish branch offices or places of business within the county in which 
its principal office is located, and elsewhere in the state, after having first obtained 
the written approval of the corporation commission, which approval may be given 
or withheld by the corporation commission in its discretion : Provided, that the 
corporation commission shall not authorize the establishment of any branch the 
paid-in capital of whose parent bank is not sufficient in amount to provide for the 
capital of at least twenty-five thousand dollars ($25,000.00) for the parent bank 
and at least twenty-five thousand dollars ($25,000.00) for each branch which it 
is proposed to be established in cities or towns of fifteen thousand population or 
less; nor less than fifty thousand dollars ($50,000.00) in cities or towns whose 
population exceeds fifteen thousand but does not exceed twenty-five thousand; nor 
less than one hundred thousand dollars ($100,000.00) in towns whose population 
exceeds twenty-five thousand. 

1923, c. 225, s. 6. 

225(g). Restriction on powers. No industrial bank shall — 

1. Make any loan under the provisions of this article for a longer period than 
one year from the date thereof : Provided, however, that loans upon real estate 
security may be made for a period not exceeding two years. 

2. Deposit any of its funds in any banking corporation unless such corporation 
has been designated as such depositary by a vote of a majority of the directors, 
or of the executive committee, exclusive of any director who is an officer, director, 
or trustee of the depositary, so designated present at any meeting duly called at 
which a quorum is in attendance, and approved by the corporation commission. 

1923, c. 225, s. 7. 

225(h). Limit of loans. The total liabilities to any industrial bank of any 
person, corporation, company, or firm, for money borrowed, including in the 
liabilities of the company or firm the liabilities of the several members thereof, 
shall at no time exceed ten per cent of the actually paid-up capital and surplus 
of such industrial bank, but the discount of bona fide bills of exchange or accept- 
ances drawn against actually existing values, and the discount of commercial or 
business paper actually owned by the person or persons, corporation, company, 
or firm negotiating the same, shall not be considered money so borrowed. 

1923, c. 225, s. 8. 

225 (i). Directors. At least three-fourths of the number of directors of any 
industrial bank shall be residents of the state of North Carolina. 
1923, c. 225, s. 9. 

225 (j). Officers and employees shall give bond. The active officers and em- 
ployees of any industrial bank, before entering upon their duties, shall give bond 
to the bank in a bonding company authorized to do business in North Carolina in 
the amount to be required by the directors, and in such form as may be prescribed 
or approved by the corporation commission. 

36 



225(1) BANKS— Art. 10 Oh. 5 

The corporation commission, or directors of such bank, may require an increase 
of the amount of such bond whenever they may deem it necessary. If injured by 
the breach of any bond given hereunder, the bank so injured may put the same 
in suit and recover such damage as it may have sustained. 
1923, c. 225, s. 10. 

225 (k). Supervision and examination. Every industrial bank now or here- 
after transacting the business of an industrial bank as defined by this article, 
whether as a separate business or in connection with any other business under 
the laws of and within this state, shall be subject to the provisions of this article 
and shall be under the supervision of the corporation commission. The corporation 
commission shall exercise control of and supervision over the industrial banks 
doing business under this article and it shall be its duty to execute and enforce, 
through the chief state bank examiner and the state bank examiners and such 
other agents as are now or may hereafter be created or appointed, all laws which 
are now or may hereafter be enacted relating to industrial banks as defined in 
this article. For the more complete and thorough enforcement of the provisions 
of this article the corporation commission is empowered to promulgate such rules, 
regulations, and instructions, not inconsistent with the provisions of this article, 
as may, in its opinion, be necessary to carry out the provisions of the laws re- 
lating to industrial banks as herein defined, and as may be further necessary to 
insure such safe and conservative management of industrial banks under its super- 
vision as may provide adequate protection for the interest of creditors, stockholders, 
and the public, in their relations with such institutions. All industrial banks 
doing business under the provisions of this article shall conduct their business in a 
manner consistent with all laws relating to industrial banks, and all rules, reg- 
ulations and instructions that may be promulgated or issued by the corporation 
commission. 

1923, c. 225, s. 11. 

225(1). Corporation commission may take charge, when. The corporation 
commission may forthwith take possession of the business and property of any 
industrial bank to which this act is applicable whenever it shall appear that such 
industrial bank — 

1. Has violated its charter or any laws applicable thereto. 

2. Is conducting its business in an unauthorized or unsafe manner. 

3. Is in an unsafe or unsound condition to transact its business. 

4. Has an impairment of its capital stock. 

5. Has refused to pay its holders of certificates of indebtedness or investment in 
accordance with the terms upon which such certificates of indebtedness or invest- 
ment were sold. 

6. Has become otherwise insolvent. 

7. Has neglected or refused to comply with the terms of a duly issued lawful 
order of the corporation commission. 

8. Has refused upon proper demand, to submit its records, affairs, and concerns 
for inspection and examination to a duly appointed or authorized examiner of the 
corporation commission. 

9. Its officers have refused to be examined upon oath regarding its affairs. 

37 



225 (m) BANKS— Art. 10 Oh. 5 

Such banks may, with the consent of the corporation commission, resume busi- 
ness upon such terms and conditions as may be approved by it. 
1923, c. 225, s. 12. 

225 (m). Sections of general law applicable. Sections 217(f) -217(h), 222(b), 
222(d), 222(e), 222(g), 223(a)-(223(g), 224(a), relating to the supervision and 
examination of commercial banks, shall be construed to be applicable to industrial 
banks, in so far as they are not inconsistent with the provisions of this article. 

1923, c. 225, s. 13. 

225 (n). Directors, officers, etc., accepting fees, etc. No gift, fee, commission, 
or brokerage charge shall be received, directly or indirectly, by any officer, director, 
or employee of any industrial bank doing business under this article on account 
of any transaction to which such industrial bank is a party. Any officer, director, 
employee, or agent who shall violate the provisions of this section shall be guilty 
of a misdemeanor, and shall be and thereafter remain ineligible as an officer, 
director, or employee of any industrial bank doing business under this article. 
Nothing in this section shall be construed to prevent the payment of necessary and 
proper attorney's fees to any licensed attorney for professional services rendered. 

1923, c. 225, s. 14. 



38 



CHAPTER G 
BASTARDY 

273. Allowance and bond. When the issue of paternity is found against the 
putative father, or when he admits the paternity, the judge or justice shall make 
an allowance to the woman not exceeding the sum of two hundred dollars, to he 
paid in such installments as the judge or justice shall see fit, and he shall give bond 
to indemnify the county as prescribed by law ; and in default of such payment he 
shall be committed to prison. 

Rev., s. 259; Code, s. 35; 1921, c. 109. 



39 



CHAPTER 8 
BONDS 

Art. 3. Mortgage in Lieu of Bond 

348. Cancellation of mortgage in such proceedings. Any mortgage given by 
any person in lieu of bond as administrator, exeeutor, guardian, collector, receiver, 
or as an officer required to give an official bond or as agent or surety of such 
person of officer, or in lieu of bond, or undertaking or recognizance for his ap- 
pearance at any court in any criminal proceeding, or for the security of any cost 
•or fine in a criminal action, which has been registered, when the party made his 
appearance at the court to which he was bound and did not depart the court 
without leave, or paid the cost or fine required, may be canceled or discharged by 
the clerk of the court of the county where such action was pending by entry of 
"satisfaction" upon the margin of the record where such mortgage is recorded, 
in the presence of the register of deeds or his deputy, who shall subscribe his 
name as a witness thereto, and such release shall have the effect to discharge and 
release all the right, title and interest of the state of North Carolina in and to the 
property described in such mortgage; all acts heretofore done by the several su- 
perior court clerks, canceling and satisfying any mortgage or other instruments 
herein mentioned and specified are hereby fully validated : Provided, this pro- 
vision shall not affect vested rights nor litigation pending February 11, 1921. 

Rev., s. 267; 1905, c. 106; 1921, c. 29, ss. 1, 2. 

Art. 3(A). Cash Deposit in Lieu of Bond 

352(a). Cash deposit in lieu of bond; conditions and requirements. In lieu 
of any written undertaking or bond required by law in any action pending in any 
court of the state, the party required to make such undertaking or bond may make a 
cash deposit of the amount required by law in lieu of the said undertaking or 
bond, and such cash deposit shall be subject to all of the same conditions and re- 
quirements as are provided for in written undertakings or bonds, in lieu of which 
such deposit is made. 

1923, c. 58. 



'0 



CHAPTER 12 
CIVIL PROCEDURE 

SUBCHAPTER II. LIMITATIONS 

Art. 3. Limitations, General Provisions 

419. Cotenants. If in actions by tenants in common or joint tenants of per- 
sonal property, to recover the same, or damages for its detention or injury, any 
of them are barred of their recovery by limitation of time, the rights of the others 
are not affected thereby, but they may recover according to their right and 
interest, notwithstanding such bar. 

Rev., s. 374; Code, s. 173; C. C. P., s. 52; 1921, c. 106. 

SUBCHAPTER V. COMMENCEMENT OF ACTIONS 

Art. 8. Summons 

476. Contents; return; seal. The summons must run in the name of the state, 
be signed by the clerk of the superior court having jurisdiction to try the action, 
and be directed to the sheriff or other proper officer of the county in which any 
defendant resides or may be found. It must be returnable before the clerk at a 
date named therein, not less than ten nor more than twenty days from its issu- 
ance, and must command the sheriff, or other proper officer, to summon the 
defendant to appear and answer the complaint of the plaintiff within twenty 
days after its return day ; and must contain a notice stating in substance that if 
the defendant fails to answer the complaint within the time specified, the plain- 
tiff will apply to the court for the relief demanded in the complaint ; and must 
be dated on the day of its issue : Provided, that in all cases where service of sum- 
mons is to be by publication the summons may be made returnable within forty days 
from the commencement of the action. Every summons addressed to the sheriff 
or other officer of a county other than that from which it issued must be attested 
by the seal of the court; but when addressed to the sheriff or other officer of the 
county in which it issued, such seal is unnecessary. 

Rev., ss. 430, 431; Code, ss. 200, 203, 213; C. C. P., s. 74; 1876-7, cc. 85, 241; 1919, 
c. 304, s. 1; Ex. Sess. 1921, c. 92, s. 1. 

479. When officer must execute and return. The officer to whom the summons 
is addressed must note on it the day of its delivery to him, serve it by delivering 
a copy thereof to each of the defendants, and return it within the time specified 
therein for its return. In all cases when a summons is issued by any court of 
this state, and the officer to whom said summons is directed shall find that the 
person or persons against whom said summons is issued cannot be served without 
danger of injury to said person or persons on account of the condition of said 
person or persons arising from illness, accident or otherwise, the officer shall file 
with his returns a certificate from a reputable physician certifying to this fact, 

41 



492(a) CIVIL PBOCEDUEE— Arts. 12, 13 Ch. 12 

and said returns shall relieve the said officer from any liability by reason of failure 
to actually serve the summons. The said officer shall as soon as possible make 
actual service of said summons, and when actually served the cause of action shall 
he deemed to have been commenced as of the date of the original summons, and 
the defendant shall have twenty days from the date of actual service within which 
to demur, answer or otherwise plead. 

Rev., s. 433; Code, s. 200; 1876-7, c. 85; 1919, c. 304, s. 1; Ex. Sess. 1921, c. 92, s. 1; 
1923, c. 62. 

492(a). Summons served after ten days before return day; new return day. 

When any summons issued by any clerk of the superior court in North Carolina 
is not served upon any one or more of the defendants therein named ten days 
before the return day thereof, but is served before the return day thereof, such 
failure to serve the said summons shall not affect the pendency of the action, and 
as touching the defendant or defendants therein named upon whom service has 
not been made ten days before the return day named in the summons, the return 
day as to such defendants shall be the tenth day after the service of the summons 
on the said defendant or defendants : Provided, that litigation pending February 
22, 1923, shall not be affected by this section. 
1923, c. 53, s. 2. 

SUBCHAPTER VI. PLEADINGS 

Art. 12. Complaint 

505. First pleading and its filing. The first pleading on the part of the 
plaintiff is the complaint. It must be filed in the clerk's office on or before the 
return day of the summons, otherwise the suit may, on motion, be dismissed at 
the cost of the plaintiff ; but the clerk, for good cause shown, may extend the time 
to a day certain. 

Rev., ss. 465, 466; Code, ss. 206, 232, 238; C. C. P., s. 92; 1868-9, c. 76, s. 3; 1870-1, 
c. 42, s. 3; 1919, c. 304, s. 2; Ex. Sess. 1921, c. 92, s. 2. 

Art. 13. Defendant's Pleadings 

509. When defendant appears and pleads; time for. The defendant must 
appear and demur or answer within twenty days after the return day of the 
summons, or after service of the complaint upon each of the defendants or within 
twenty days after the final determination of a motion to remove as a matter of 
right. If the time is extended for filing complaint, then the defendant shall have 
twenty days after the final day fixed for such extension in which to file the answer 
or demurrer, or after service of the complaint upon each of the defendants (in 
which latter case the clerk shall not extend the time for filing answer beyond twenty 
days after such service) : Provided, in cases where the complaint is not served, 
for good cause shown, the clerk may extend the time to a day certain ; otherwise 
the plaintiff may have judgment by default. 

Rev., s. 473; Code, 207; 1870-1, c. 42, s. 4; 1919, c. 304, s. 3; Ex. Sess. 1921, c. 92, s. 3. 

42 



524 CIVIL PKOCEDURE— Akts. 14-16 Oh. 12 



Art. 14. Demukkee 

513. Amendment; hearing. If a demurrer is filed the plaintiff may be allowed 
to amend. If plaintiff fail to amend within five days after notice, the parties 
may agree to a time and place of hearing the same before some judge of the 
superior court, and upon such agreement it shall be the duty of the clerk of the 
superior court forthwith to send the complaint and demurrer to the judge holding 
the courts of the district, or to the resident judge of the district, who shall hear 
and pass upon the demurrer : Provided, if there be no agreement between the 
parties as to the time and place of hearing the same before the judge of the 
superior court, then it shall be the duty of the clerk of the superior court to send 
the complaint and demurrer to the judge holding the next term of the superior 
court in the county where the action is pending, who shall hear and pass upon the 
demurrer at that term of the court. 

1919, c. 304, s. 4; Ex. Sess. 1921, c. 92, s. 5. 

514. Appeals. Upon the rendering of the decision upon the demurrer, if 
either party desires to appeal, notice shall be given and the appeal perfected as is 
now provided in case of appeals in term time. 

1919, c. 304, s. 5; Ex. Sess. 1921, c. 92, s. 6. 

515. Procedure after return of judgment. Within ten days after the return 
of the judgment upon the demurrer, if there is no appeal, or within ten days 
after the receipt of the certificate from the supreme court, if there is an appeal, 
if the demurrer is sustained the plaintiff may move, upon three days notice, for 
leave to amend the complaint. If this is not granted, judgment shall be entered 
dismissing the action. If the demurrer is overruled the answer shall be filed 
within ten days after the receipt of the judgment, if there is no appeal, or within 
ten days after receipt of the certificate of the supreme court, if there is an appeal. 
Otherwise the plaintiff shall be entitled to judgment by default final or by default 
and inquiry according to the course and practice of the court. 

1919, c. 304, ss. 6, 7; Ex. Sess. 1921, c. 92, ss. 7, 8. 

Art. 15. Answer 

520. Debt for purchase money of land denied. If the defendant shall deny 
in his answer that the obligation sued on was for the purchase money of the land 
described in the complaint, it shall be the duty of the court to submit the issue 
so joined to the jury. 

Rev., s. 480; Code, s. 235; 1879, c. 217; 1921, c. 45. 

Art. 16. Reply 

524. Demurrer or reply to answer. The plaintiff shall demur or reply to the 
answer within ten days after the filing of the answer : Provided, for good cause 
shown the clerk may extend the time to a day certain. The demurrer shall be 
heard as provided in cases of demurrer to the complaint. 

Rev., c. 484; Code, s. 208; 1870-71, c. 42, s. 5; 1919, c. 304; Ex. Sess. 1921, c. 92, s. 4. 

43 



555 CIVIL PROCEDURE— Arts. 19, 23 Ch. 12 

SUBCHAPTER VII. TRIAL AND ITS INCIDENTS 

Art. 19. Trial 

555. Joinder of issue and trial. Pleadings shall be made up and issues joined 
before the clerk. After pleadings have been so made up and issues joined, the 
clerk shall forthwith transmit the original papers in the cause to the court at 
term for trial upon the issues, when the case shall be proceeded with according 
to the course and practice of the court, and on appeal with the same procedure 
as is now in force. 

1919, c. 304, s. 8; Ex. Sess. 1921, c. 92, s. 13. 

557. Issues of fact. Every issue of fact joined on the pleadings, and inquiry 
of damages ordered to be tried by a jury, must be tried at the term of the court 
next ensuing the joinder of issue or order for inquiry, if the issue was joined or 
order made more than ten days before such term, but if not, they may be tried 
at the second term after the joinder or order. 

Rev., s. 528; Code, s. 400; C. C. P., s. 226; 1923, c. 54. 

SUBCHAPTER VIII. JUDGMENT 

Art. 23. Judgment 

593. Judgments authorized to be entered by clerk; sale of property; con- 
tinuance pending sale; writs of assistance and possession. The clerks of the 
superior courts are authorized to enter the following judgments: (a) All judg- 
ments of voluntary nonsuit. (b) All consent judgments (judgments coming 
within the meaning of (a) and (&) may be entered at any time), (c) In all 
actions upon notes, bills, bonds, stated accounts, balances struck, and other evi- 
dences of indebtedness within the jurisdiction of the superior court. (d) All 
judgments by default final and default and inquiry as are authorized by sections 
595, 596, 597, and in this law provided, (e) In all cases where the clerks of the 
superior court enter judgment by default final upon any debt secured by mort- 
gage, deed of trust, or other conveyance of any kind, or by a pledge of property, 
the said clerks of the superior court are authorized and empowered to order a 
foreclosure of such mortgage, deed of trust, or other conveyance, and order a sale 
of the property so conveyed or pledged upon such terms as appear to be just ; and 
the said clerks of the superior court shall have all the power and authority now 
exercised by the judge of the superior court to appoint commissioners to make such 
sales, to receive the reports thereof, and to confirm the report of sale thereof or to 
order a resale, and to that end they are authorized to continue such causes from 
time to time as may be required to complete the sale, and in the final judgment 
in said causes they shall order the execution and delivery of all necessary deeds 
and make all necesary orders disbursing the funds arising from the sale, and may 
issue writs of assistance and possession upon ten days notice to parties in pos- 
session. 

1919, c. 156; Ex. Sess. 1921, c. 92, s. 12. 

44 



642(a) CIVIL PEOCEDUEE— Art. 20 Ch. 12 

597(a). Judgment by default where no answer filed; record; force; docket. 
If no answer is filed, the plaintiff shall be entitled to judgment by default final or 
default and inquiry as authorized by sections 595, 596, and 597, and all present 
or future amendments of the said sections; and all judgments by default final 
shall be duly recorded by the clerk and be docketed and indexed in the same man- 
ner as judgments rendered in term, and in all respects be and become judgments 
of the superior court and be of the same force and effect as if rendered in term 
and before a judge of the superior court ; and in all cases of judgment by default 
and inquiry rendered by the clerk, the clerk shall docket the case in the superior 
court at term time for trial Upon the issues raised before a jury, or otherwise, 
as provided by law, and all judgments by default and inquiry shall be of the 
same force and effect as if rendered in term and before a judge of the superior 
court. 

Ex. Sess. 1921, c. 92, s. 9. 

597(b). Time for entering judgments;, liens. No judgment shall be entered by 
the clerk except as herein otherwise provided, except on every Monday of each 
month. The liens of all judgments rendered on the same Mondays shall each be of 
equal priority, and each Monday shall be held and construed, in determining the 
priority of judgment liens, as a term of court, and the first day thereof. 

Ex. Sess. 1921, c. 92, s. 10; 1923, C. 68. 

597(c). Time for entering judgment where copy of complaint served on de- 
fendant. If the plaintiff or plaintiffs shall cause a copy of the complaint to* be 
served upon any of the defendants, either at the time of issuing summons or 
thereafter, then judgment shall be entered by the clerk as to the defendants served 
on first or third Monday next after the expiration of time to answer. 

Ex. Sess. 1921, c. 92, s. 11. 

600. Mistake, surprise, excusable neglect. The judge shall, upon such terms 
as may be just, at any time within one year after notice thereof, relieve a party 
from a judgment, order, verdict or other proceeding taken against him through 
his mistake, inadvertence, surprise or excusable neglect, and may supply an 
omission in any proceeding. The clerk may hear and pass upon motions to set 
aside judgments rendered by him, whether for irregularity or under this section, 
and an appeal from his order on such motion shall lie to the judge at the next 
term, who shall hear and pass upon such motion de novo : Provided, however, 
nothing in this section shall be construed to affect the rights of innocent pur- 
chasers for value in foreclosure proceedings where personal service is obtained. 

Rev., s. 513; Code, s. 274; 1893, c. 81; C. C. P., s. 133; Ex. Sess. 1921, c. 92, s. 14. 

SUBCHAPTER IX. APPEAL 

Art. 26. Appeal 

642(a). Appeals from judgments not in term time. When appeals are taken 
from judgments of the clerk or judge not made in term time, the clerk is author- 
ized to make any and all necessary orders for the perfecting of such appeals. 

Ex. Sess. 1921, c. 92, s. 19a. 

45 



643 CIVIL PROCEDURE— Aets. 32, 34 Ch. 12 

643. Case on appeal;, statement, service, and return. The appellant shall 
cause to be prepared a concise statement of the case, embodying the instructions 
of the judge as signed by him, if there be an exception thereto, and the request 
of the counsel of the parties for instructions if there be any exception on 
account of the granting or withholding thereof, and stating separately, in 
articles numbered, the errors alleged. A copy of this statement shall be served 
on the respondent within fifteen days from the entry of the appeal taken ; within 
ten days after such service the respondent shall return the copy with his approval 
or specific amendments indorsed or attached ; if the case be approved by the re- 
spondent, it shall be filed with the clerk as a part of the record ; if not returned 
with objections within the time prescribed, it shall be deemed approved : Provided, 
that the judge trying the case shall have the power, in the exercise of his discretion, 
to enlarge the time in which to serve statement of case on appeal and exceptions 
thereto or counter statement of case. 

Rev., s. 591; Code, s. 550; C. C. P., s. 301; 1905, c. 448; 1921, c. 97. 

SUBCHAPTER XII. SPECIAL PROCEEDINGS 

Aet. 32. Special Peoceedings 

766(a). Actions in which clerk may allow fees of commissioners. Fees taxed 
as costs. In all civil actions and special proceedings instituted in the superior 
court in which a commissioner, or commissioners, are appointed under a judg- 
ment by the clerk of said court, said clerk shall have full power and authority 
and he is hereby authorized and empowered to fix and determine and allow to 
such commissioner or commissioners a reasonable fee for their services performed 
under such order, decree or judgment, which fee shall be taxed as a part of the 
costs in such action or proceeding, and any dissatisfied party shall have the right 
of appeal to the judge, who shall hear the same de novo. 

1923, c. 66, s. 1. 

766(b). Jurisdiction and authority of emergency judges. In all special 
proceedings where it is now by law required that the orders, judgments and decrees 
of the clerk shall be approved or heard by the judge of the superior court, the 
emergency judges shall have full power and authority and jurisdiction to hear and 
determine such matters under the course and practice of the court. 

1923, c. 66, s. 2. 

SUBCHAPTER XIII. PROVISIONAL REMEDIES* 

Aet. 34. Attachment 

801. By whom granted. If the action is not founded on a contract, or if 
founded on a contract and the sum demanded exceeds two hundred dollars, a 
warrant of attachment may be obtained from the judges of the district embracing 



*See subsections 18 and 19 of section 1, Public Laws 1921, Extra Session, Chapter 92. 

46 



858(a) CIVIL PROCEDURE— Art. 36 Ch. 12 

the county in which the action was begun, or from the clerk of the superior court 
from which the summons in the action issued ; and it may be issued to any county 
in the state where the defendant has property, money, effects, choses in action 
or debts due him, and shall be made returnable before the clerk at the same time 
and place to which the summons is returnable. 

Rev., s. 761; Code, s. 351; C. C. P., s. 199; 1869-70, c. 147; 1870-1, c. 166, ss. 1, 3; 
1874-5, c. Ill; 1876-7, c. 251; Ex. Sess. 1921, c. 92, s. 17. 

817. Levy on intangible property. The execution of the attachment upon any 
such rights, shares, or any debts or other property incapable of manual delivery 
to the sheriff, shall be made by leaving a certified copy of the warrant of attach- 
ment with the president or other head of the association or corporation, or with 
the debtor or individual holding such property, with a notice showing the prop- 
erty levied on. This certified copy must be furnished to the sheriff by the plain- 
tiff, and the certification must be by the clerk of the court from which the 
warrant was issued, or by the justice of the peace who issued it. A person receiving 
or collecting moneys within this state on behalf of any corporation of this or any 
other state or government is deemed a local agent for the purpose of this section. 
Such service can be made in respect to a foreign corporation only when it has 
property within this state, or the cause of action arose or the plaintiff resides in 
the state, or when the service can be made within the state personally upon the 
president, treasurer or secretary thereof. Whenever a writ of attachment may be 
sued out against a nonresident debtor owning shares of stock in a resident corpora- 
tion, and no officer of said resident corporation may be found in the county of its 
principal office upon whom service of said attachment may be made, said writ 
may be served by leaving a certified copy of the warrant of attachment with the 
person in charge of the property of said corporation in said county, together with 
a notice showing the stock levied upon. 

Rev., s. 777; Code, s. 363; C. C. P., s. 207; 1905, c. 294; 1921, c. 94. 

Art. 36. Injunction 

858(a). Restraining orders and injunctions in effect pending appeal; indemni- 
fying bond. Whenever a plaintiff shall appeal from a judgment rendered at 
chambers, or in term, either vacating a restraining order theretofore granted, or de- 
nying a perpetual injunction in any case where such injunction is the principal 
relief sought by the plaintiff, and where it shall appear that vacating said restrain- 
ing order or denying said injunction will enable the defendant to consummate 
the threatened act, sought to be enjoined, before such appeal can be heard, so 
that the plaintiff will thereby be deprived of the benefits of any judgment of the 
•supreme court, reversing the judgment of the lower court, then in such case the 
original restraining order granted in the case shall in the discretion of the trial 
judge be and remain in full force and effect until said appeal shall be finally dis- 
posed of : Provided, the plaintiff shall forthwith execute and deposit with the 
clerk a written undertaking with sufficient surety, approved by the clerk or judge, 
in an amount to be fixed by the judge to indemnify the party enjoined against all 
loss, not exceeding an amount to be specified, which he may suffer on account of 

47 



913(a) CIVIL PROCEDURE— Art. 45 Ch. 12 

continuing such restraining order as aforesaid, in the event that the judgment of 
the lower court is affirmed by the supreme court. 
1921, c. 58. 

SUBCHAPTER XV. INCIDENTAL PROCEDURE IN CIVIL ACTIONS 

Art. 45. Motions and Order's 

913(a). Orders by clerk on motion to remove; right of appeal. All motions 
to remove as a matter of right shall be made before the clerk, who is authorized 
to make all necessary orders, and an appeal shall lie from such order upon such 
motion to the judge at the next term, who shall hear and pass upon such motion 
de novo. 
Ex. Sess. 1921, c. 92, s. 15. 

913(b). Motions to remove to federal court. Motions to remove to the 
federal court shall be made before the clerk, and an appeal shall lie from his order 
to the judge at the next term, who shall hear and pass upon such motion de novo. 
Ex. Sess. 1921, c. 92, s. 16. 



48 



CHAPTER 13 
CLERK OF SUPERIOR COURT 

Art. 1(A). Assistant Clerks 

934(a). Appointment; oath; powers and jurisdiction; responsibility of 
clerks. Each clerk of the superior court, by and with the written consent 
and approval of the superior court judge resident in his district, may appoint an 
assistant clerk of the superior court, who before entering upon his duties shall take 
and subscribe the oath prescribed for clerks : Provided, that no more than one 
such assistant clerk shall hold office in any county at one time. Upon compliance 
with the provisions of this article such assistant clerk shall be as fully authorized 
and empowered to perform all the duties and functions of the office of clerk of the 
superior court as the clerk himself, and all the acts, orders, and judgments of such 
assistant clerk shall be entitled to the same faith and credit as those of such clerk. 
Such assistant clerks shall be subject in all respects to all laws which apply to 
the clerks. The several clerks of the superior court shall be held responsible for 
the acts of their assistant clerks, and the official bonds of such clerks as now 
provided by law shall be written to and shall cover the acts of their assistant clerks. 

1921, c. 32, s. 1. 

934(b). Certificate of appointment; confirmation; revocation of appoint- 
ment; compensation. Any clerk of the superior court desiring to appoint such 
an assistant clerk shall present a formal written certificate of such appointment 
to the superior court judge residing in his district, and such judge, if he concurs 
in and approves such appointment, shall in writing enter his consent and approval 
upon such certificate and confirm such appointment. Said certificate of appoint- 
ment, and approval of the judge, together with the oath subscribed by the ap- 
pointee, shall thereupon be entered in full upon the minute docket of the court, 
and shall be recorded and cross-indexed in the office of the register of deeds for 
such county. The appointment of any such assistant clerk may be revoked at any 
time by the clerk who appointed him or by the superior court judge resident in the 
district, by the entry of the word "revoked" and the date thereof, with the signa- 
ture of such clerk or judge, upon the margin of the records of such appointment 
in the offices of the clerk of the superior court and the register of deeds ; and all 
such appointments shall expire by limitation when the clerk making same ceases 
to hold office. Nothing in this article shall increase the fees or compensation now 
allowed by law to the clerks or deputy clerks of the superior court of the several 
counties of the state. 

1921, c. 32, s. 2. 

934(c). Clerks not relieved from duties; deputies. This chapter shall not 
in any wise excuse or relieve the clerk of the superior court from giving to the 
performance of his duties the same time, care, and attention as is now required of 
such clerks by law, nor shall it change or amend the present laws with reference 
to deputy clerks of the superior court : Provided, that one person may be ap- 
pointed both as assistant clerk and as deputy. 
1921, c. 32, s. 3. 

4 49 



CHAPTER 19 
CONVEYANCES 

Art. 2. Conveyances by Husband and Wife 

1004. Wife insane, husband's deed transfers her interest. Every man whose 
wife is a lunatic or insane and whose homestead has been allotted, may bargain, 
sell, release, mortgage, transfer and convey any of his real estate by deed, mortgage 
deed, deed of trust, or lease, except his homestead, without the signature or 
private examination of his wife: Provided, that the clerk of the superior court 
of the county in which the wife was adjudged a lunatic or declared insane, or the 
superintendent of an insane institution of the state, or any other state, shall certify 
under his hand and seal that she has been adjudged a lunatic or declared insane, 
and that her sanity has not been declared restored as is provided by law, and 
this certificate must be attached to the husband's deed, mortgage deed, deed of 
trust, or lease. 

Such deed, mortgage deed, deed of trust or lease executed, probated and regis- 
terd in accordance with law shall convey all the estate and interest as therein 
intended of the grantor in the land conveyed free and exempt from the dower 
rights and all other interests of his wife: Provided, this section shall not apply 
to the homestead of the husband. 

Rev., s. 959; 1905, c. 138, ss. 1, 3; 1919, c. 20; Ex. Sess. 1920, c. 94. 

Art. 4. Voluntary Organizations and Associations 

1013(a). Authority to acquire and hold real estate. Voluntary organiza- 
tions and associations of individuals, when organized for the purposes which are 
not prohibited by law, are authorized and empowered to acquire real estate and 
to hold the same in their common or corporate names. 
Ex. Sess. 1921, c. 95, s. 1. 

1013(b). Title vested. Conveyance. Probate. Where real estate has been 
or may be hereafter conveyed to such organizations or associations in their common 
or corporate name the said title shall vest in said organization, and may be con- 
veyed by said organization in its common name, when such conveyance is author- 
ized by resolution of the body duly constituted and held, by a deed signed by its 
chairman or president, and its secretary or treasurer, or such officer as is the 
custodian of its common seal with its official seal .affixed, the said conveyance to 
be proven and probated in the same manner as provided by law for deeds by cor- 
porations, and conveyances thus made by such organizations, and associations shall 
convey good and fee simple title to said land. 
Ex. Sess. 1921, c. 95, s. 2. 

1013(c). Effect as to conveyances by trustees. Nothing in this law shall be 
deemed in any manner to change the law with reference to the holding and con- 
veyance of land by the trustees of churches or other voluntary organizations where 
such land is conveyed to and held by such trustees. 
Ex. Sess. 1921, c. 95, s. 3. 

1013(d). Effective date of article. Limitation. This law shall be in force 
from and after December 20, 1921, and shall expire by limitation on May 1, 1922. 
Ex. Sess. 1921, c. 95, s. 4. 

50 



CHAPTER 21 
CORPORATION COMMISSION 

Aet 1. Organization 

1032. Clerk and assistants. The court shall appoint a clerk, who shall be an 
expert accountant, experienced in railroad statistics and transportation rates. 
His term of office shall be two years. He shall take and subscribe to oaths of 
office similar to those prescribed for the commissioners, but he may nevertheless 
hold stock in state or national banks. 

The commission, by and with the approval of the governor, is authorized to 
appoint an additional clerk, who shall be an expert accountant, well versed and 
experienced in railroad and transportation rates; and also such other clerical help 
as in the opinion of the commission and the governor is necessary for a proper 
discharge of the duties of the commission in dealing with public-service corpora- 
tions operating in this state. The amount annually expended for this purpose 
shall not exceed six thousand dollars. 

The commission is authorized to employ such rate experts as it may deem 
advisable to assist in the preparation and prosecution of the cases it has instituted 
or may institute before the interstate commerce commission for the reduction of 
freight rates into and out of North Carolina. 

The commission shall have the power, upon consultation with the approval of 
the governor, in each and every instance, to employ such' inspectors, engineers, 
accountants, and rate experts as may be deemed necessary to assist in the investi- 
gation of all cases now pending, or which may be instituted before it for the regu- 
lation of intrastate rates to be charged by any public utilities company operating 
in this state, the compensation to be allowed to such inspectors, engineers, account- 
ants, and rate experts to be fixed by the commission, subject to the approval of the 
governor, and paid out of any moneys in the treasury not otherwise appropriated : 
Provided, that upon the hearing of any petition filed with said commission, either 
by the public utilities company or other party interested, the state shall be reim- 
bursed for the amounts paid out as aforesaid by the public utilities company whose 
rates are under investigation in every case where such rates are not increased upon 
the petition of such utilities company, or where they are reduced upon petition of 
any party interested. 

Rev., s. 1063; 1899, c. 164, ss. 9, 31; 1907, c. 999; 1913, c. 22, s. 1; Ex. Sess. 1913, c. 58, 
s. 1; 1921, c. 126. 

Art. 3. Powers and Duties 

1065(a). Investigation of record of movement of less than carload shipments. 

The North Carolina corporation commission is empowered and authorized to 
employ one or more special agents, having knowledge and experience in transpor- 
tation, to make thorough investigation of the record of movment of less than car- 
load shipments of freight between points in this state, and particularly with 
relation to such shipments involving transfer from one railway system to another, 
or shipments passing through concentration points on one system; and if un- 

51 



1066(a) CORPORATION COMMISSION— Art. 4 Ch. 21 

reasonable delays are found, to ascertain the cause or causes of such unreasonable 
delays and to make report of their findings and recommendations to the corporation 
commission, which said corporation commission shall pass upon such reports, and 
make and promulgate necessary rules and regulations in the manner now pre- 
scribed by law, to the end that such shipments of freight may be transported 
within a reasonable time. For the purposes herein expressed an appropriation 
is hereby made of five thousand dollars ($5,000.00) per year for a period not to 
exceed two years. 
1923, c. 239. 

Art. 4. Rate Regulation 

1066(a). Railroads less than fifty miles in length. The corporation com- 
mission shall fix such freight and passenger rates for railroads of less than fifty 
miles in length, which may hereafter be constructed, as will yield a net amount 
equal to the legal rate of interest on the amount of actual capital invested in such 
railroads ; but this section shall not apply to the counties of Haywood, Swain, Jack- 
son and Transylvania. 
Ex. Sess. 1920, c. 56. 



52 



CHAPTER 22 
CORPORATIONS 

Art. 2. Formation 

1114. How created. Three or more persons who desire to engage in any busi- 
ness, or to form any company, society, or association, not unlawful, except rail- 
roads, other than street railways, or banking or insurance, or building and loan 
associations, may be incorporated in the following manner only (except corpora- 
tions created for charitable, educational or reformatory purposes that are to be 
and remain under the patronage and control of the state) : Such persons shall, 
by a certificate of incorporation, under their hands and seals, set forth — 

1. The name of the corporation. No name can be assumed already in use by 
another domestic corporation, or so similar as to cause uncertainty or confusion, 
and the name adopted must end with the word "company," "corporation," or 
"incorporated." 

2. The location of its principal office in the state. 

3. The object or objects for which the corporation is to be formed. 

4. The amount of the total authorized capital stock, the number of shares into 
which it is divided, the par value of each share, the amount of capital stock 
with which it will commence business, and, if there is more than one class of 
stock, a description of the different classes. The provisions of this subsection shall 
not apply to religious, charitable, or literary corporations, unless they desire to 
have a capital stock. If they desire to have no capital stock, that fact and the 
conditions of membership shall be stated. 

5. The names and postoffice addresses of the subscribers for stock and the 
number of shares subscribed for by each ; the aggregate of the subscriptions shall 
be the amount of capital with which the corporation will commence business. 
If there is to be no capital stock, the certificate must contain the names and post- 
office addresses of the incorporators. 

6. The period, if any, limited for the duration of the corporation. 

7. The certificate of incorporation may also contain any provision, consistent 
with the laws of this state, for the regulation of the affairs of the corporation, or 
creating, defining, limiting and regulating its powers, directors and stockholders, 
or any class or classes of the latter. 

Rev., s. 1137; Code, s. 677; 1883, cc. 19, 190; 1889, c. 170; 1891, c. 257; 1893, cc. 244, 
318; 1897, c. 204; 1899, c. 618; 1901, c. 2, s. 8, cc. 6, 41, 47; 1903, c. 453; 1911, c. 213, s. 1; 
1913, c. 5, s. 1; Const., Art. 8, s. 1; Ex. Sess. 1920, c. 55. 

Art. 5. Capital Stock 

1156. Classes of stock. Every corporation has power to create two or more 
kinds of stock of such classes, with such designations, preferences, and voting 
powers or restriction or qualification thereof as are prescribed by those holding 
two-thirds of its outstanding capital stock entitled to vote; and the power to 
increase or decrease the stock as herein elsewhere provided applies to all or any 

53 



1167(a) CORPORATIONS— Art. 5(A) Ch. 22 

of the classes of stock; and the preferred stock may, if desired, be made subject to 
redemption at not less than par, at a fixed time and price, to be expressed in the 
certificate thereof ; and the holders thereof are entitled to receive, and the corpora- 
tion is bound to pay thereon, a fixed yearly dividend, to be expressed in the cer- 
tificate, payable quarterly, half-yearly or yearly, before any dividend is set apart 
or paid on the common stock, and such dividends may be made cumulative. In 
case of insolvency, its debts or other liabilities shall be paid in preference to the 
preferred stock. ]STo corporation shall create preferred stock except by authority 
given to the board of directors by a vote of at least two-thirds of the stock entitled 
to vote at a meeting of the stockholders, duly called for that purpose. The terms 
"general stock" and "common stock" are synonymous. 
Rev., s. 1159; 1901, c. 2, s. 19; 1903, c. 660, ss. 2, 3; 1923, c. 155. 

Art. 5(A) Capital Stock Without Nominal or Par Value 

1167(a). Corporations which may create shares without nominal or par value. 
Classes of stock or debentures. Any corporation heretofore or hereafter or- 
ganized under the laws of this state, except banks, trust companies, railroad com- 
panies, and insurance companies, may, in its original certificates of incorporation, 
articles of association, or any amendment thereof, create shares of stock with or 
without nominal or par value, and may create two or more classes of stock or de- 
bentures, with such preferences, voting powers, restrictions, and qualifications as 
shall be fixed in such certificate of incorporation, articles of association or amend- 
ment thereof. Subject to any provisions so fixed, every share without par value 
shall equal every other such share. 

1921, c. 116, s. 1. 

1167(b). Stock issues. Payment for stock. Terms and manner of disposi- 
tion of increased stock. The provisions of law relating to the issuance of stock 
with par value shall apply to the issuance of stock without nominal or par value, 
and such corporation may issue its authorized shares without nominal or par 
value, for cash, property, tangible or intangible, services or expenses, as may be 
determined from time to time by the board of directors, subject to the provisions 
of the certificate of incorporation, articles of association, or amendments thereof, 
and in case of increase in capital stock, subject to such vote of stockholders, as is 
now or may hereafter be fixed by law, determine the terms and manner of the 
disposition of the increased stock, pursuant to section one thousand one hundred 
and thirty-one, and when the cash or other consideration for which they are to be 
issued, as stated in the certificate of incorporation, articles of association, or amend- 
ments thereof, has been received, such shares shall be fully paid stock and not 
liable to any further call or assessment thereon, nor shall the subscriber or holder 
be liable for any further payments. 
1921, c. 116, s. 2. 

1167(c). Statements as to value of shares. Reports of amount of stock. 

In any case in which the law requires that the par value of the shares of stock 
of a corporation be stated, it shall be stated, in respect to shares without nomi- 
nal or par value, that such shares are without nominal or par value, and wherever 

54 



1167(g) CORPORATIONS— Art. 5(A) Ch. 22 

the amount of stock authorized or issued is required to be stated, if any shares 
without nominal or par value are authorized, the number of shares authorized 
or issued of the several classes shall be stated, and it shall also be stated whether 
such shares are with or without nominal or par value, and what the par value 
is of such shares as have par value. 
1921, c. 116, s. 3. 

1167(d). Amendments to existing charters. Any such corporation hereto- 
fore organized, whether under a special act of the legislature or otherwise, may 
amend its certificate of incorporation so as to change its certificates of stock from 
certificates with par value to certificates without nominal or par value, or vice 
versa. 
1921, c. 116, s. 4. 

1167(e). Tax on certificate of incorporatiion or amendments. The tax upon 
the certificate of incorporation, or extension or renewal or corporate existence, 
or increase of capital stock without nominal or par value shall be the same as if 
each share of stock had a par or face value of one hundred dollars. 
1921, c. 116, s. 5. 

1167(f). Intent or purpose of law. The intent and purpose of this article 
is td require a share of stock to be treated and represented, subject to lawful pre- 
ferences, rights, limitations, privileges, and restrictions as a mere evidence of an 
aliquot part or divisional interest in the assets and earnings of the corporation 
issuing the same, whatever the extent or value of such assets or earnings may be, 
to the end that misrepresentation or misunderstanding arise through the difference 
between actual value of a share of stock and the value appearing on the face 
of the certificate therefor may be eliminated. 
1921, c. 116, s. 6. 

1167(g). Laws applicable to corporations. Except as otherwise provided 
by this article, corporations issuing shares without any par or face value under 
the provisions hereof shall be and remain subject to the laws of the state now or 
hereafter in force relating to the formation, regulation, or reorganization rights, 
powers, and privileges of such corporation, and all other laws applicable thereto. 
1921, c. 116, s. 7. 



55 



CHAPTER 23 
COSTS 

Art. 1. Geneijaxxy 

1235(a). Clerks to tax solicitor's fees; use of school fund. The clerks of the 
superior court of the several counties in the state shall, in computing all hills of 
cost in criminal cases where the solicitor has heretofore received a fee, tax in the 
hill of costs the same fees now allowed to the solicitor, which shall he collected by 
the clerks and paid into the school fund of their respective counties : Provided, 
that no such fees which are now required by law to be paid by the county shall 
be taxed in said bill of costs, nor shall any such fees be taxed in said bill of costs 
in cases where the defendants are assigned to work on the public roads of the 
county in which they were convicted. 

1923, c. 157, s. 3. 



56 



CHAPTER 24 
COUNTIES AND COUNTY COMMISSIONERS 

Art. 1. Corporate Existence and Powers of Counties 

1291(a). Limitation on county indebtedness. No county in this state shall 
incur bonded indebtedness in an amount exceeding five per cent of the assessed 
valuation of taxable property in the county as ascertained by the last assessment 
previous to the incurring of any new bonded indebtedness. 
Ex. Sess. 1920, c. 3, s. 6. 

Art. 2. County Commissioners 

1297. Powers of board. The boards of commissioners of the several counties 
have power — 

taxation and finance 

1. To exempt from capitation tax. To exempt from capitation tax in special 
cases, on account of poverty and infirmity. 

Rev., s. 1318; Code, s. 707; 1868, c. 20, s. 8. 

2. To levy county taxes. To levy, in like manner with the state taxes, the 
necessary taxes for county purposes; but the taxes so levied shall never exceed 
the double of the state tax, except for a special purpose, and with the special 
approval of the general assembly. All county taxes shall be levied at the regular 
meeting of the board on the first Monday in June. The board may extend the 
time for the collection and settlement of the county taxes to such time as may be 
deemed expedient, not beyond the first day of May next after the taxes are levied. 

Rev., s. 1318; Code„s. 707; 1868, c. 20, s. 8. 

3. To borrow money for necessary expenses, provide for payment by taxation. 
To borrow money for the necessary expenses of the county, and to provide for its 
payment, with interest, in periodical installments, by taxation. 

Rev., s. 1318; Code, s. 707; 1868, c. 20, s. 8. 

Jf. To exchange county bonds for outstanding notes of county. Any county 
in this state which is authorised by law to sell its bonds for the purpose of fund- 
ing or paying floating indebtedness now outstanding and evidenced by notes 
bearing interest at a higher rate than the bonds which the county proposes to 
issue, may, in lieu of selling such bonds, issue them in exchange for a like prin- 
cipal amount of such notes, provided the holders of the notes are willing to make 
sucb an exchange and to pay any interest accrued on such bonds up to the time 
of such exchange. When such an exchange is made, any interest accrued on such 
notes up to the time of such exchange may be paid out of any available funds of 
the county. The powers conferred by this subsection shall be exercised by the 
board or body authorized by law to sell the bonds herein referred to. Nothing 
herein shall be construed as requiring any bonds to be exchanged for notes, 

57 



1297 COUNTIES AND COUNTY COMMISSIONERS— Art. 2 Ch. 24 

rather than to be sold. The powers granted by this subsection are granted in addi- 
tion to and not in substitution for existing powers of counties, and are not subject 
to any limitation or restriction contained in any other law. 
1919, c. 297. 

5. To provide for payment existing debts by taxation or otherwise. To pro- 
vide by taxation or otherwise for the prompt and regular payment, with interest, 
of any existing debt owing by the county. 

Rev., s. 1318; Code, s. 707; 1868, c. 20, s. 8. 

6. To submit proposition to contract debt to vote. To submit to a vote of the 
qualified electors in the county, after having obtained the approval of the general 
assembly, any proposition to contract a debt, or loan the credit of the county, 
under section seven, article seven, of the Constitution ; to order the time for 
voting upon such proposition, which shall be upon public notice thereof at one 
or more places in each township in the county, and publication in one or more 
county newspapers, if there are any, for three months next immediately preceding 
the time fixed on; and such election shall take place and be conducted under the 
laws as prescribed for the election of members of the general assembly ; and the 
commissioners shall provide for giving effect, in case of the adoption of the 
proposition, to the expressed will of a majority of the qualified voters in such 
election. 

Rev. s. 1318; Code, 707; 1868, c. 20, s. 8. 

7. To purchase county indebtedness. To purchase if they desire, at any price, 
not exceeding their par value and accumulated interest, any of the outstanding 
bonds or other indebtedness of the county. 

Rev., s. 1320; Code, s. 718; 1868-9, c. 269, s. 2. 

8. To levy taxes for interest and sinking funds for outstanding bonds not pro- 
vided for. (a) To levy, in like manner with the county taxes, the necessary taxes 
to pay the interest and create a sinking fund for the retirement of bonds issued 
and sold for the purpose of meeting necessary expenses of the county, where no 
other provision for such levy has been specially provided for. In making such 
levy the constitutional equation must be preserved, and the levy shall not exceed 
any constitutional limitation. 

(b) To levy, in like manner with the county taxes, the necessary taxes to 
pay the interest and create a sinking fund for the retirement of township road 
improvement bonds, issued either by vote of the people or by act of the general 
assembly, where the amount of levy provided by the act under which the vote 
is held or tax levied is inadequate to pay the interest on bonds heretofore issued 
or authorized by acts now in force, but the constitutional equation must be ob- 
served, and the levy shall not exceed any constitutional limitation. 
1917, c. 121, ss. 1, 2. 

5*4. Special tax authorized for certain purposes; limit of rale. The boards 
of commissioners of the various counties in the state, for the purpose of main- 
taining roads, bridges, the upkeep of county buildings, county homes for the aged 

58 



1297 COUNTIES AND COUNTY COMMISSIONEKS— Art. 2 Oh. 24 

and infirm and other similar institutions, and to supplement the general county 
fund, are hereby authorized to levy annually a tax upon all taxable property not to 
exceed five cents on the one hundred dollars of valuation, in addition to any tax 
allowed by any special statute for the above enumerated purposes and in addition 
to the rate allowed by the Constitution. 
1923, c. 7. 

COUNTY BUILDINGS 

9. To erect and repair county buildings. To erect and repair the necessary 
county buildings, and to raise, by taxation, the moneys therefor. 

Rev. s. 1318; Code, 707; 1868, c. 20, s. 8. 

10. To designate site for county buildings. To remove or designate a new 
site for any county building; but the site of any county building already located 
shall not be changed, unless by an unanimous vote of all the members of the 
board at the regular December meeting, and unless upon notice of the proposed 
change, specifying the new site. Such notice shall bo published in a newspaper 
printed in the county, if there is one, and posted in one or more public places 
in every township in the county for three months, next immediately preceding 
the annual meeting at which the final vote on the proposed change is to be taken. 
Such new site shall not be more than one mile distant from the old, except upon 
the special approval of the general assembly. 

Rev. s. 1318; Code, 707; 1868, c. 20, s. 8. 

COUNTY OFFICERS 

11. To require officers to report. To require from any county officer, or other 
person employed and paid by the county, a report under oath at any time on 
any matters connected with his duties. 

Rev. s. 1318; Code, 707; 1868, c. 20, s. 8. 

12. To approve bonds of county officers and induct into office. To qualify 
and induct into office at the meeting of the board, on the first Monday in the 
month next succeeding their election or appointment, the following named county 
officers, to wit : clerk of the superior court, sheriff, coroner, treasurer, register of 
deeds, surveyor, and constable; and to take and approve the official bonds of 
such officers, which the board shall cause to be registered in the office of the 
register of deeds. The original bonds shall be deposited with the clerk of the 
superior court, except the bond of the said clerk, which shall be deposited with 
the register of deeds, for safe keeping. 

If the board declares the official bonds of any of said county officers to be 
insufficient, or declines to receive the same, the officer may appeal to the superior 
court judge riding the district in which the county is, or to the resident judge 
of said district, as he may elect, who shall hear said appeal in chambers, at any 
place in said district he designates, within ten days after notice by him of the 
same, and if, upon the hearing of the appeal, the judge is of the opinion that the 
bond is sufficient, he shall issue an order to the board of commissioners to induct 
the officer into office, or that he shall be retained in office, as the case may be. 

59 



1297 COUNTIES AND COUNTY COMMISSIONERS— Art. 2 Ch. 24 

If, upon the hearing of the appeal, the judge is of the opinion that the bond is 
insufficient, he shall give the appellant ten days in which to file before him an 
additional bond, and if the appellant within ten days files before the judge a 
good and sufficient bond, in the opinion of the judge, he shall so declare and issue 
his order to said board directing and requiring them to induct the appellant into 
office, or retain him, as the case may be. If, in the opinion of the judge, both 
the original and the additional bonds are insufficient, he shall declare the said 
office vacant and notify the commissioners, who shall notify the clerk of the 
superior court, who shall appoint to fill the vacancy, except in cases of the clerk of 
the superior court, which vacancy shall be filled by the resident judge. The judg- 
ment of the superior court judge shall be final. The appeal and the finding and 
judgment of the superior court judge shall be recorded on the minutes of the board 
of commissioners. 
Rev., s. 1318; Code, s. 707; 1868, c. 20, s. 8; 1874-5, c. 237, s. 3. 

13. To fill vacancies. To fill by appointment a vacancy in the offices of sheriff, 
constable, coroner, register of deeds, county treasurer, or county surveyor. 
Rev., s. 1321; Code, s. 720. 

COUNTY PROPERTY 

H. To make orders respecting county property. To make such orders respect- 
ing the corporate property of the county as may be deemed expedient. 
Rev. s. 1318; Code, 707; 1868, c. 20, s. 8. 

15. To sell or lease real property. To sell or lease any real property of the 
county and to make deeds or leases for the same to any purchaser or lessee. 

Rev. s. 1318; Code, 707; 1868, c. 20, s. 8. 

COUNTY PURCHASES 

16. To purchase for public buildings, and at execution sale. To purchase 
real property necessary for any public county building, and for the support of 
the poor, and to determine the site thereof, where it has not already been located ; 
and to purchase land at any execution sale, when it is deemed expedient to do 
so, to secure a debt due the county. The deed shall be made to the county, and 
the board may, in its discretion, sell any lands so purchased. 

Rev., 1318; Code s. 707; 1868, c. 20, s. 8; 1879, c. 144, s. 1. 

17. To purchase or lease a county farm, and work convicts thereon. To lease 
or purchase a county farm, and where proper provisions are made for securing 
and caring for convicts, such of them as are subject to road duty may be worked 
on said farm, and, in the discretion of the board, such farms may be made experi- 
mental farms. Tbe court, in its discretion, may sentence convicted prisoners 
either to said farm or to the roads. Where a farm is purchased or leased in those 
counties having a road system, the board may work the convicts on such farms. 

1915, c. 140. 

60 



1297 COUNTIES AND COUNTY COMMISSIONERS— Akt. 2 Ch. 24 



HIGHWAYS AND BRIDGES 

18. Laying out, alteration and discontinuance of highways. To exercise au- 
thority in laying out, altering, repairing and discontinuing highways ; in estab- 
lishing and settling ferries ; in building and keeping up bridges ; in laying off 
or discontinuing cartways; in providing draws in all bridges, where the same 
may be necessary for the convenient passage of vessels ; in appointing overseers 
of highways; in excusing persons from working on the highways; in allowing 
and contracting for the building of toll-bridges, and taking bond from the build- 
ers thereof ; and in licensing the erection of gates across highways. This authority 
shall be exercised under the rules, regulations, restrictions and penalties in all 
respects prescribed and imposed in the chapter entitled Roads and Highways. 

Rev. s. 1318; Code, 707; 1868, c. 20, s. 8. 

19. To raise money for highways. To raise by tax the necessary highway 
moneys, in such manner as may be prescribed by law. 

Rev. s. 1318; Code, 707; 1868, c. 20, s. 8. • 

20. To appoint an inspector of highways and bridges. To appoint an inspec- 
tor of highways and bridges for the county, if deemed necessary; to fix and pro- 
vide for his compensation and regulate his duties, not inconsistent with the laws 
of the state. The commissioners of two or more counties may unite in employing 
an inspector of highways and bridges, and apportioning his compensation between 
the respective counties as may be agreed upon. 

Rev. s. 1318; Code, 707; 1868, c. 20, s. 8. 

21. To, regulate speed of automobiles. To regulate the speed of automobiles, 
motorcycles and other like vehicles on the public roads and bridges, and make 
such ordinances as they may deem necessary governing the same. This subsection 
shall not apply to the counties of Mecklenburg and New Hanover. 

Rev., s. 1318; 1905, c. 331. 

22. To construct and repair bridges. To construct and repair bridges in the 
county, and to raise by tax the money necessary therefor, and when a bridge is 
necessary over a stream which divides one county from another, the board of com- 
missioners of each county shall join in constructing or repairing such bridge ; 
and the charge thereof shall be defrayed by the counties concerned, in proportion 
to the number of taxable polls in each. 

Rev. s. 1318; Code, 707; 1868, c. 20, s. 8. 

23. To appoint commissioners to open rivers and creel's. To appoint a com- 
missioner to open and clear the rivers and creeks within the county, or where 
such river or creek forms a county line or a part thereof. For this purpose the 
board is authorized to withdraw from the public roads such hands as may be 
deemed necessary, and allot them to such work under overseers and the direction 
of the commissioners. The board may impose the duties of this subsection on the 
inspector of highways and bridges when appointed ; and shall in all respects con- 
duct the opening and clearing of such rivers; and creeks as prescribed by law. 

Rev. s. 1318; Code, 707; 1868, c. 20, s. 8. 

61 



1297 COUNTIES AND COUNTY COMMISSIONERS— Art. 2 Ch. 24 



2Jf. To grant right to bridge navigable streams. To grant, subject to the ap- 
proval and permission of the war department, to any person, firm or corpora- 
tion owning or occupying lands on both sides of any navigable stream or creek 
lying wholly within the limits of the county, the right to construct and maintain 
a bridge across the said navigable water between the lands owned or occupied 
by them upon such terms and conditions and for such time as the said board shall 
deem advisable and proper. Before any order allowing the construction of the 
same shall be made, it shall be made to appear to the board that four weeks 
notice of the application for such right has been given by posting a notice at the 
courthouse door and four other public places in the county, and also (if there be 
a newspaper published in the county) by publishing once a week for four consecu- 
tive weeks in some newspaper in the county. Any party aggrieved may appeal 
from the order of the commissioners to the superior court of the county in 
term time. 

P. L. 1911, c. 227. 

INSPECTION AND LICENSES 

25. To license "peddlers. To license peddlers and retailers of spirituous and 
other liquors as prescribed by law. No license shall be good for more than one 
year, nor granted to two or more persons to peddle as partners in trade. 

Rev. s. 1318; Code, 707; 1868, c. 20, s. 8. - 

26. To license auctioneers. To license for the term of one year any number 
of persons to exercise the trade and business of auctioneers in each county, and 
to take their bonds as prescribed by law. 

Rev. s. 1318; Code, 707; 1868, c. 20, s. 8. 

21. To establish public landings, places of inspection, and inspectors. To 
establish such public landings and places of inspection as the board may think 
proper; and to appoint such inspectors in any town or city as may be authorized 
by law. 
Rev. s. 1318; Code, 707; 1868, c. 20, s. 8. 

POOR AND HOSPITALS 

28. To provide for the maintenance of the poor. To provide by tax for the 
maintenance, comfort and well-ordering of the poor ; to employ, biennially, some 
competent person as overseer of the poor ; to institute proceedings by the warrant 
of the chairman against any person coming into the county who . is likely to 
become chargeable thereto, and cause the removal of such poor person to the 
county where he was last legally settled; and to recover by action in the superior 
court from the said county all the charges and expenses incurred for the main- 
tenance or removal of such poor person. 

Rev. s. 1318; Code, 707; 1868, c. 20, s. 8. 

29. To establish public hospitals and tuberculosis dispensaries. To establish 
public hospitals, establish and maintain homes for indigent orphan children, for 
the county in cases of necessity, and to establish and maintain wholly or in part 

62 



1297 COUNTIES AND COUNTY COMMISSIONERS— Akt. 2 Ch. 24 

one or more tuberculosis dispensaries or sanatoria, and to make rules, regulations 
and by-laws for preventing tbe spread of contagious and infectious diseases, and 
for taking care of those afflicted thereby, the same not being inconsistent with 
the laws of the state ; and to raise by taxation the necessary moneys to defray the 
charges and expenses so incurred. 
Rev., s. 1318; Code, s. 707; 1868, c. 20, s. 8; 1923, c. 81. 

PRISONS AND PRISONERS 

30. To provide for a house of correction. To make provision for the erection 
in each county of a house of correction, where vagrants and persons guilty of 
misdemeanors shall be restrained and usefully employed ; to regulate the employ- 
ment of labor therein; to appoint a superintendent thereof, and such assistants 
as are deemed necessary, and to fix their compensation. 

Rev. s. 1318; Code, 707; 1868, c. 20, s. 8. 

31. To provide for employment of prisoners. To provide for the employment 
on the highways or public works in the county of all persons condemned to im- 
prisonment with hard labor, and not sent to the penitentiary. 

Rev. s. 1318; Code, 707; 1868, c. 20, s. 8. 

TOWNSHIPS 

32. To divide county into toiunships. To divide each county into convenient 
districts, called townships, and to determine the boundaries and prescribe the 
names of said townships. A map and survey of said townships shall be filed in 
the office of the clerk of the board of commissioners, and also in the office of the 
secretary of state. 

Rev. s. 1318; Code, 707; 1868, c. 20, s. 8. 

33. To erect, divide and alter townships. To erect, divide, change the names 
of, or alter townships in the manner following : In any county, any three free- 
holders of each township to be affected may, after the notice presently to be men- 
tioned, apply by petition to the board of commissioners to erect a new township, 
or divide an existing township, or change the name of or alter the boundaries 
thereof. Notice of the application shall be posted in one or more public places 
in each of such townships and published in a newspaper printed in the county, if 
there is one, for at least four weeks preceding the meeting at which the application 
is made to the board. No township shall have or exercise any corporate powers 
whatsoever, unless authorized by an act of the general assembly, to be exercised 
under the supervision of the board of commissioners. 

Rev., s. 1318; Code, s. 707; 1868, c. 20, s. 8; 1876-7, c. 141, ss. 3, 5. 

3Jf. To apportion funds between altered townships. When a township has been 
altered, erected, or divided, to apportion, in its discretion, the public funds of such 
township between the new township divisions or subdivisions, and the warrant 
of the board upon the treasurer for the apportionment shall constitute a valid 
voucher for the payment thereof. In those counties where the township public 
roads are under the control of road trustees, the board shall appoint the requisite 

63 



1297 COUNTIES AND COUNTY COMMISSIONERS— Abt. 2 Ch. 24 

number of trustees to perform the duties of the office until the regular date for 
the appointment or election of such trustees and until their successors are elected 
and qualified ; but this shall not apply where another method of election has 
been provided. 
Ex. Sess. 1913, c. 44. 

MISCELLANEOUS 

35. To authorize chairman to issue subpcenas. To authorize the chairman 
to issue subpoenas to compel the attendance before the board of persons, and the 
production of books and papers relating to the affairs of the county, for the pur- 
pose of examination on any matter within the jurisdiction of the board. The 
subpoena shall be served by the sheriff or any constable to whom it is delivered; 
and upon return of personal service thereof, whoever neglects to comply with 
the subpoena or refuses to answer any proper question shall be guilty of con- 
tempt and punishable therefor by the board. A witness is bound in such cases to 
answer all the questions which he would be bound to answer in like case in a 
court of justice; but his testimony given before the board shall not be used 
against the witness on the trial of any criminal prosecution other than for per- 
jury committed on the examination. The chairman of the board of county com- 
missioners for each county is authorized in his official capacity to administer 
oaths in any matter coming before either of such boards. Any member of such 
board while temporarily acting as such chairman has and may exercise like 
authority. 

Rev. s. 1318; Code, 707; 1868, c. 20, s. 8. 

36. To audit accounts. To audit accounts against the county, and direct the 
raising of the moneys necessary to defray them. 

Rev. s. 1318; Code, 707; 1868, c. 20, s. 8. 

31. To appoint proxies. To appoint proxies to represent in any annual or 
other meetings the shares or other interest held by any county in a railroad com 
pany, or other corporation, under the charter of such corporation, or under any 
special acts of the general assembly, authorizing county subscriptions in such 
cases. 

Rev. s. 1318; Code, 707; 1868, c. 20, s. 8. 

38. To procure weights and measures. To procure for each county sealed 
weights and measures, according to the standard prescribed by Congress; and 
to elect a standard keeper, who shall qualify before the board and give bond 
approved by the board, as prescribed by law. 

Rev., s. 1318; Code, s. 707; R. C, c. 117, s. 4; 1868, c. 20, s. 26. 

39. To adopt a county seal. To adopt a seal for the county, a description and 
impression of which shall be filed in the office of superior court clerk and of the 
secretary of state. 

Rev., s. 1318; Code, s. 707; 1868, c. 20, s. 8. 

.'/#. To promote farmers cooperative demonstration work. To cooperate with 
the state and national departments of agriculture to promote the farmers coopera- 

64 



1321(c) COUNTIES AND COUNTY COMMISSIONERS— Art. 6 Ch. 24 

tive demonstration work, and to appropriate such sum as they may agree upon 
for the purpose. 
1911, c. 1. 

Jfl. To appropriate for the national guard. To appropriate such sums of money 
to the various organizations of the national guard, and at such times, as the 
board may deem proper. 

1915, c. 259. 

42. To make appropriations for libraries. Together with the county hoard of 
education of any county in which there is a public city or town library, in their 
discretion, to cooperate with the trustees of said library in extending the service of 
such library to the rural communities of the county, and to appropriate out of 
the funds under their control an amount sufficient to pay the expense of such 
library extension service. 

1917, c. 149. 

Art. 6. Courthouse and Jail Buildings 

1321(a). Bonds for building, altering and repairing courthouses; issuance 
authorized. The boards of commissioners of the various counties throughout 
the state are authorized and empowered to issue bonds or notes for the purpose of 
borrowing money with which to erect, build, construct, alter, repair and improve 
courthouses and jails, and to purchase the necessary equipment and furniture 
to be used therein. 
1923, c. 143, s. 1. 

1321(b). Serial bonds; interest; maturity; authentication. Any bonds issued 
under the preceding section shall be serial bonds, payable in not less than fivq nor 
more than thirty years from the date of issue ; such bonds shall be of such denomi- 
nation as the board of commissioners may determine by resolution; shall bear a 
rate of interest not to exceed six per cent, payable semiannually, and such interest 
and principal shall be payable at such time and place as the board of commissioners 
by resolution may determine ; the bonds shall be signed by the chairman of the 
board of commissioners, sealed with the county seal and attested by the clerk, and 
the coupons attached thereto shall bear the facsimile lithographed signature of' the 
chairman or clerk of the board. 
1923, c. 143, s. 2. 

1321(c). Time and place for payment of notes. Such notes as may be issued 
under section 1321(a) shall be payable at such time and place as the board of 
commissioners shall determine, and, unless payable within one year from the date 
thereof, shall be payable in five substantially equal annual installments; such 
notes shall bear the signature of the chairman of the board, to be attested by the 
clerk, and any interest coupons attached shall bear the facsimile lithographed sig- 
nature of the chairman or clerk of the board. 
1923, c. 143, s. 3. 

5 65 



1321(d) COUNTIES AND COUNTY COMMISSIONEKS— Art. 6 Ch. 24 

1321(d). Limitation of amount. No board of commissioners shall, for the 
purposes expressed in this law, issue bonds or notes under authority of this law 
to exceed one per cent of the assessed valuation of the property in the county for 
the year next preceding the issuance thereof. 

1923, c. 143, s. 4. 

1321(e). Election; calling, law governing, time, ballots. Any board of com- 
missioners may in its discretion, before issuing the notes or bonds provided for, 
submit the question of issuing the same to a vote of the people of the county at 
an election to be called and held as nearly as may be under the same rules and 
regulations as elections for county officers, except as to time, which time shall 
be determined by the board by a resolution ; but no election shall be held within 
less than thirty days after the passage of such resolution. At said election all 
those who favor the issuance of such notes or bonds shall vote a ballot upon which 
shall be printed or written the words "For Courthouse Improvements" and all 
those who are opposed to the issuance of such notes or bonds shall vote a ballot 
upon which shall be printed or written the words "Against Courthouse Improve- 
ments." If a majority of the qualified voters shall vote at said election "For 
Courthouse Improvements," the board of commissioners shall proceed to issue 
the bonds or notes, in accordance with the provisions of this law. 
1923, c. 143, s. 5. 

1321(f). Specific appropriation; payment from county fund. The proceeds 
received from the sale of such notes or bonds issued under this law shall be used 
exclusively for the purpose of defraying the expenses of holding the election, 
issuing the- bonds or notes and the erecting, building, constructing, altering, re- 
pairing and improving of courthouses and jails and to purchase the necessary 
equipment and furniture to be used therein, and for no other purpose : Provided, 
if at such election a majority of the qualified voters shall vote "Against Court- 
house Improvements," then the expenses of holding such election shall be paid 
from the general county fund. 
1923, c. 143, s. 6. 

1321(g). Special tax; notes maturing within one year. For the purpose of 
paying the interest and principal of any notes or bonds issued pursuant to this law, 
the board of commissioners shall annually, at the time of levying other taxes, levy 
a sufficient tax to pay such principal and interest as it shall become- due according 
to the tenor of such notes and bonds : Provided, however, that notes which are 
payable within one year after their date may be paid by means of bonds issued 
under this law, or from the general county fund. 
1923, c. 143, s. 7. 

1321(h). Sale of bonds; sales below par forbidden. Bonds issued under this 
law shall be sold by the board of commissioners of the county in the manner pro- 
vided for by the Municipal Finance Act for the sale of bonds ; they shall not be 
sold for less than par and accrued interest. 
1923, c. 143, s. 8. 



66 



1382(c) COUNTIES AND COUNTY COMMISSIONERS— Art. 11 Oh. 24 

1321 (i). Powers granted by law additional. The powers granted by this 
law are granted in addition to and not in substitution for existing powers of coun- 
ties, and are not subject to any limitation or restriction contained in any other law. 
Nothing contained in this law shall prevent any county from issuing bonds under 
any existing laws, as well as under this law. 
1923, c. 143, s. 9. 

Art. 8. County Poor 

1343(a). Burial of indigent veterans of the world war. The county com- 
missioners of any county in North Carolina are authorized, empowered, and di- 
rected to appropriate out of the general fund of the county a sum of not more than 
twenty-five dollars ($25.00) to provide for the burial of any former member of the 
army, navy, or marine corps, who served in the recent world war, who shall die 
within the boundaries of the said county and whose estate or relatives are unable 
to provide for the burial of said veteran, and whose burial has not otherwise been 
provided for. 
1923, c. 119. 

Art. 11. Examination of Accounts of Counties and County Officers 

1382(a). Annual examination by state auditor; powers. It shall be the duty 
of the state auditor to cause to be examined at least once a year, and oftener if in 
the judgment of the state auditor conditions require, all counties and county offi- 
cers receiving or disbursing public funds, and such state auditor is given full 
power to examine all accounts and all official affairs of every county office and 
officer receiving or disbursing public funds. 
1921, c. 236, s. 1. 

1382(b). Appointment of examiners. Cost of examination. The state audi- 
tor shall appoint some competent person or agency, and cause said person or 
agency to conduct the examination authorized in this law. The said state auditor 
shall determine the cost of making such examinations, and shall certify the same 
to the county commissioners of such county, whereupon it shall be the duty of 
the said board of county commissioners to cause to be paid to the state auditor 
out of the public funds of the county the amount so certified. In case, however, the 
audit shows that the county does not owe the state anything, the cost of such 
audit shall be borne by the state, and in case the audit shall be borne by the state, 
the state auditor is authorized to draw his warrant upon the state treasurer for 
the cost thereof, and when the cost is borne by the county, the county shall only 
pay the actual expense thereof. 

1921, c. 236, s. 2. 

1382(c). Extent of inquiry. Rules and regulations. On examination by 
the examiner, inquiry shall be made as to the financial condition and resources 
of such county ; whether the laws of the state and the requirements of the statutes 
governing the financial affairs of the county, and the requirements of the various 
state officers and departments acting under the authority of law have been complied 
with ; and also into the methods and accuracy of the accounts and reports of the 

67 



1382(d) COUNTIES AND COUNTY COMMISSIONERS— Art. 11 Ch. 24 

officers so examined. In addition to the foregoing subjects of inquiry the state 
auditor shall have the power and authority from time to time to establish such 
rules and regulations, as he may deem proper and necessary to carry out the pur- 
poses of this law; and iti shall be the duty of the examiner to inquire whether 
such rules and regulations have been duly observed. 
1921, c. 236, s. 3. 

1382(d). Notice of examination. Right of entry. Access to cash drawers. 
Accounts in depositories. Such examination shall be made without notice ; 
and the examiner when engaged in making any examination provided for in this 
law or when engaged in any official duty devolving upon him as such, shall have, 
for purposes of making an examination or inventory, right to enter into any 
county office and examine any books or documents contained therein or belonging 
thereto, and shall have access, in the presence of the custodian thereof or his 
deputy, to the cash drawers and cash in the custody of such officer; and shall also 
have the right, during business hours, to examine the public accounts of the county 
office under examination, or any county officer the examination of whose office 
is contemplated by this statute, in any depository which has such to be found in 
its custody, pxirsuant to the laws of this state. 

1921, c. 236, s. 4. 

1382(e). Summoning witnesses. Enforcement of attendance and produc- 
tion of evidence. The examiner, when engaged in making any examination of 
any county officer or county office as authorized by this law, is hereby empowered to 
issue subpoenas for witnesses to appear before him in person, or to produce books 
and papers before him for inspection and examination. Such subpoenas shall be 
served by any person authorized to serve civil process from any court in this state. 
In case any witness duly subpoenaed refuses to attend, or refuses to produce 
documents, books or papers as required in subpoenas, or shall attend and refuse to 
make oath or affirmation, or, being sworn and affirmed, refuses to testify when 
called upon to do so, then such examiner shall report the same forthwith to the 
state auditor, who, if he deems it proper to do so, may apply to the resident judge 
or the judge holding the superior courts for that judicial district for the enforce- 
ment of attendance and answers to questions, or for the production of books and 
papers, before such judge in term or at chambers, and when so obtained and pro- 
duced, such testimony or exhibits from books and papers shall be made, and be- 
come a part of the record of examination of the particular office or offices then 
the subject of the examination by the examiner. 
1921, c. 236, s. 5. 

1382(f). Power to administer oaths and examine witnesses. False swearing. 

Such examiner shall also have the authority to administer oaths and to examine 
all witnesses, under oath, orally or by interrogatories propounded, touching the 
matters under investigation and examination. Willful false swearing in such 
examination shall make such party guilty of a misdemeanor, and fined not exceed- 
ing one thousand dollars and imprisonment in the county jail or state prison not 
less than four months nor more than ten years. 
1921, c. 236, s. 6. 

68 



1382(i) COUNTIES AND COUNTY COMMISSIONERS— Art. 11 Oh. 24 

1382(g). Reports; filing. A report of such examination shall be made in 
triplicate, signed by the officer making the examination, one copy to be filed with 
the state auditor, one copy with the office under investigation, and one copy with 
the clerk of the board of county commissioners. 
1921, c. 236, s. 7. 

1382(h). Copy of report to attorney-general. Action by attorney-general. 

In the event such examination discloses any condition which tends to show that 
any officer is subject to indictment or removal from office under the existing law, 
a fourth copy shall be provided and filed by the state auditor in the office of the 
attorney-general, who shall thereupon take such action as in his judgment the facts 
and circumstances warrant. 
1921, c. 236, s. 8. 

1382 (i). Counties having auditor. Examination without expense to county. 

This law shall not apply to counties having a duly constituted county auditor 
whose duties require all of his time. Nothing in this law shall prohibit the state 
auditor from making such examinations as he thinks necessary in counties referred 
to in this section : Provided, these counties shall not be put at any additional 
expense. 
1921, c. 236, s. 9. 



69 



CHAPTER 27 
COURTS 
SUBCHAPTER I. SUPREME COURT 

Art. 2. Jurisdiction 

1421(a). Supreme court to prescribe rules. Rules to conform to law. The 

supreme court is hereby vested with the power to prescribe from time to time the 
modes of making and filing proceedings, actions, and pleadings, and of entering 
orders and judgments and recording the same, and to prescribe and regulate the 
practice on appeals to the supreme court, and in the trial of actions in the superior 
court, and before referees : Provided, no rule or regulation so adopted shall be 
in conflict with this law or any of the provisions of the Consolidated Statutes of 
1919. Such rules as may be adopted by the supreme court shall be printed and 
distributed by the secretary of state as are the reports of the supreme court. 
Ex. Sess. 1921, c. 92, s. 20. 

SUBCHAPTER II. SUPERIOR COURTS 

Art. 4. Organization 

1435(a). Special or emergency judges;, jurisdiction; compensation; expenses. 

The persons embraced within the provisions of section 3884(a) are hereby con- 
stituted special or emergency judges of the superior court under article four (4), 
section eleven (11), of the constitution of this state, and are authorized to hold 
the superior courts of any county or district when the judge assigned thereto, by 
reason of sickness, disability, or other cause, is unable to attend and hold said 
court, and when no other judge is available to hold the same, and to hold special 
terms when commissioned so to do by the governor, and as compensation for hold- 
ing such special terms shall receive their actual expenses and in addition thereto 
fifty dollars per week, to be paid by the county in which such special term is held. 

In case of emergency arising as provided in said section, the governor shall 
designate the person to act as emergency judge who shall receive his actual ex- 
penses only incurred while so acting, to be paid by the treasurer upon warrant of 
the auditor, upon certificate of the judge : Provided, that the county asking the 
governor for an emergency judge shall have the privilege of requesting the assign- 
ment of a particular judge. Such emergency judges shall be subject to all the 
regulations respecting superior court judges except as otherwise provided in this 
law. 

1921, c. 125, ss. 2, 3; Ex. Sess. 1921, c. 20, s. 3. 

1435(b). Jurisdiction in injunction, receivership, and habeas corpus matters. 

The special or emergency judges provided for in the preceding section shall at 
all times have the same jurisdiction in matters of injunction, receivership, and 
habeas corpus as any other superior court judge. 
Ex. Sess. 1921, c. 94. s. 1. 

70 



1443 COURTS— Arts. 5, 6 Ch. 27 

1435(c). Order for hearing. Notice to attorneys. If any special or emer- 
gency judge has made any matters returnable before him, and subsequent thereto 
he should be called upon by the governor to hold court elsewhere, said judge 
shall make an order directing said matter to be heard before some other judge, 
setting forth in said order the time and place same is to be heard, and send a copy 
of said order to the attorney or attorneys representing the parties plaintiff and 
defendant in such matter. 

Ex. Sess. 1921, c. 94, s. 2. 

Art. 5. Jurisdiction 

1437. Concurrent jurisdiction. In all cases in which by any statute original 
jurisdiction of criminal actions has been taken from the superior court and vested 
exclusively in courts of inferior jurisdiction, such exclusive jurisdiction is hereby 
divested, and jurisdiction of such actions shall be concurrent and exercised by 
the court first taking cognizance thereof. Appeals shall be, as heretofore, to the 
superior court from all judgments of such inferior courts : Provided, that this 
section shall not apply to the counties of Cabarrus, Forsyth, Gaston, Mecklen- 
burg, Surry, and Union. 
1919, c. 299; 1923, c. 98. 

Art. 6. Judicial Districts and Terms of Court 

1443. Terms of court. A superior court shall be held by a judge thereof at 
the courthouse in each county. The twenty judicial districts of the state shall 
be composed of the counties designated in this section, and the superior courts 
in the several counties shall be opened and held in each year at the times herein 
set forth. Each court shall continue in session one week, and be for the trial of 
criminal and civil cases, except as otherwise provided, unless the business thereof 
shall be sooner disposed of. Each county shall have the number of regular weeks 
of superior court as set out in this section. 

1913, cc. 63, 196. 

EASTERN DIVISION 

First district. The first district shall be composed of the following counties, 
and the superior courts thereof shall be held at the following times, to wit : 

Currituck — Eighth Monday after the first Monday in March, for civil cases 
only ; first Monday in March ; first Monday in September. 
1913, c. 196; Ex. Sess. 1913, c. 51; Ex. Sess. 1920, c. 23, s. 2. 

Camden — First Monday after the first Monday in March, and the third Monday 
after the first Monday in September. 
1913, c. 196; 1921, c. 105. 

Pasquotank — Ninth Monday before the first Monday in March, to continue for 
two weeks, for civil cases only; third Monday before the first Monday in March 
for civil cases only; second Monday after the first Monday in March for criminal 
and civil business, to continue for one week; fourteenth Monday after the first 

71 



1443 COURTS— Aet. 6 Ch. 27 

Monday in March, to continue for two weeks for civil cases only; second Monday 
before the first Monday of September, to continue for one week for criminal busi- 
ness only; second Monday after the first Monday in September for civil business 
only; ninth Monday after the first Monday in September, to continue for two 
weeks for criminal and civil business. 
1913, c. 196; Ex. Sess. 1913, c. 51; 1921, c. 105; 1923, c. 232. 

Perquimans — Sixth Monday before the first Monday in March; sixth Monday 
after the first Monday in March; eighth Monday after the first Monday in 
September. 

1913, c. 196; Ex. Sess. 1913, c. 51. 

Chowan — Fourth Monday after the first Monday in March; first Monday 
after the first Monday in September; thirteenth Monday after the first Monday 
in September. 

1913, c. 196. 

Gates — Third Monday after the first Monday in March; fifth Monday before 
the first Monday in September; fourteenth Monday after the first Monday in 
September. 

1913, c. 196. 

Dare — Twelfth Monday after the first Monday in March; seventh Monday 
after the first Monday in September. 
1913, c. 196; Ex. Sess. 1913, c. 51. 

Tyrrell — Seventh Monday after the first Monday in March, to continue one 
week, for the trial of criminal and civil cases ; twelfth Monday after the first 
Monday in September ; fifth Monday before the first Monday in March, for two 
weeks ; thirteenth Monday after the first Monday in March, for one week, for 
the trial of civil cases only ; first Monday before the first Monday in September, 
for one week, for the trial of civil cases only. The courts shall be "opened on 
Tuesday instead of Monday of the terms of courts unless the judge says he will 
come and open courts on Monday. 

Upon the recommendation of the local bar of Tyrrell, the county commissioners 
may order the August term of the superior court of Tyrrell county to be held or 
not to be held as they in their judgment think is best. If the commissioners 
decide not to have said court, their action shall be certified to the judge holding 
courts of the district at least ten days before the court is scheduled to be held, 
and the judge shall not hold the court. 

1913, c. 196; Ex. Sess. 1913, c. 51; 1919, c. 128, s. 1; Ex. Sess. 1920, c. 23, s. 1; 1921, 
c. 83; Ex. Sess. 1921, c. 19; 1923, c. 124. 

Hyde — Eleventh Monday after the first Monday in March; sixth Monday 
after the first Monday in September. 
1913, c. 196. 

Beaufort — Seventh Monday before the first Monday in March, for criminal 
cases only; second Monday before the first Monday in March, to continue for two 

72 



1443 COURTS— Airr. 6 Oh. 27 

weeks, for civil cases only ; fifth Monday after the first Monday in March, for civil 
cases only; ninth Monday after the first Monday in March, to continue for two 
weeks, for civil cases only; sixth Monday before the first Monday in September, 
for criminal cases only; fourth Monday after the first Monday in September, to 
continue for two weeks, for civil cases only; eleventh Monday after the first 
Monday in September; fifteenth Monday after the first Monday in September, 
for civil cases only. 

1913, c. 196; Ex. Sess. 1913, c. 51; 1919, c. 128, ss. 3, 4. 

Second district. The second district shall be composed of the following 
counties, and the superior courts thereof shall be held at the following times, 
to wit : 

Washington — Eighth Monday before the first Monday in March, to continue 
for two weeks ; sixth Monday after the first Monday in March, for civil cases only ; 
eighth Monday before the first Monday in September ; seventh Monday after the 
first Monday in September. 

1913, cc. 63, 196; Ex. Sess. 1913, c. 51; 1919, c. 128, s. 2; c. 133; 1923, c. 227. 

Martin — Second Monday after the first Monday in March, to continue for 
two weeks ; fifteenth Monday after the first Monday in March ; second Monday 
after the first Monday in September, to continue for two weeks ; fourteenth 
Monday after the first Monday in September. 

1913, c. 196; 1919, c. 133. 

Edgecombe — Sixth Monday before the first Monday in March ; first Monday 
in March ; fourth Monday after the first Monday in March, to continue for two 
weeks, for civil cases only; thirteenth Monday after the first Monday in March, 
to continue for two weeks ; first Monday after the first Monday in September ; 
seventh Monday after the first Monday in September ; tenth Monday after the 
first Monday in September, to continue for two weeks, for civil cases only. 

The grand jury drawn by the commissioners of Edgecombe county for the 
term of court beginning on the sixth Monday before the first Monday in March 
of each year shall also serve as the grand jury for the term beginning on the 
first Monday in March and on the thirteenth Monday after the first Monday in 
March, and shall be charged with the same duties and clothed with the same 
power at each of said terms and shall receive for each term such mileage and 
compensation as is now provided by law. 

1913, c. 196; Ex. Sess. 1913, c. 17; 1915, c. 107; 1917, c. 12; 1919, c. 133; Ex. Sess. 
1921, c. 108, s. 1; 1923, c. 246. 

Nash — Fifth Monday before the first Monday in March; second Monduy before 
the first Monday in March, to continue for two weeks, for civil cases only ; first 
Monday after the first Monday in March ; seventh Monday after the first Monday 
in March, to continue for two weeks, for civil cases only; twelfth Monday a|fter 
the first Monday in March ; second Monday after the first Monday in September, 
to continue for two weeks, the first week for criminal cases only, and the second 
week for civil cases only; fifth Monday after the first Monday in September, for 
civil cases only; twelfth Monday after the first Monday in September, to continue 

73 



1443 COURTS— Art. 6 Oh. 27 

for two weeks, the first week for criminal cases, and the second week for civil 
cases only. 
1913, c. 196; 1915, c. 63; 1919, c. 133; Ex. Sess. 1921, c. 108; 1923, c. 237. 

Wilson — Fourth Monday before the first Monday in March, to continue for 
two weeks, the first week for criminal cases only, and the second week for civil 
cases only; tenth Monday after the first Monday in March, to continue for two 
weeks, the first week for crimina|l cases only, and the second week for civil cases 
only; sixteenth Monday after the first Monday in March, for civil cases only; 
first Monday in September; fourth Monday after the first Monday in September, 
for civil cases only; eighth Monday after the first Monday in September, to 
continue for two weeks, for civil cases only ; fifteenth Monday after the first 
Monday in September. 

1913, c. 196; 1915, c. 45; 1917, c. 12; 1919, c. 133; 1921, c. 10. 

Third district. The third district shall be composed of the following counties, 
and the superior courts thereof shall be held at the following times, to wit: 

Hertford — First Monday before the first Monday in March ; sixth Monday 
after the first Monday in March, to continue for two weeks ; sixth Monday after 
the first Monday in September, to continue for two weeks. 

1913, c. 196; 1915, c. 282; 1919, c. 142; 1923, c. 113. 

Bertie — Third Monday before the first Monday in March, to continue for two 
weeks ; eighth Monday after the first Monday in March, to continue for three 
weeks, the first week being for the trial of civil capes' only; first Monday before 
the first Monday in September, to continue for three weeks, the last week for the 
trial of civil cases only; tenth Monday after the first Monday ? in September, to 
continue for two weeks. 

1913, c. 196; Ex. Sess. 1913, c. 16; 1915, c. 78; 1917, c. 226; Ex. Sess 1921, c. 45; 
1923, c. 185. 

.Northampton — Fourth Monday after the first Monday in March ; eighth Mon- 
day after the first Monday in September, each to continue two weeks ; first 
Monday in August, for civil actions only, except jail cases on the criminal 
docket. 

1913, c. 196. 

Halifax — Fifth Monday before the first Monday in March ; second Monday 
after the first Monday in March; thirteenth Monday after the first Monday in 
March; third Monday before the first Monday in September; twelfth Monday 
after the first Monday in September ; each to continue for two weeks. 

1913, c. 196; Ex. Sess. 1913, c. 2; 1915, c. 78. 

Warren — Seventh Monday before the first Monday in March; eleventh Mon- 
day after the first Monday in March; second Monday after the first Monday in 
September, each to continue for two weeks. 

1913, c. 196; 1917, c. 256. 

74 



1443 COUETS— Art. 6 Ch. 27 

Vance — First Monday in March; fifteenth Monday after the first Monday in 
March; fourth Monday after the first Monday in September, each to continue 
two weeks. 

1913, c. 196; 1917, c. 256. 

Fourth district. The fourth district shall be composed of the following 
counties, and the superior courts thereof shall be held at the following times, 
to wit : 

Wayne — Sixth Monday before the first Monday in March ; twelfth Monday 
after the first Monday in March; second Monday before the first Monday in 
September ; twelfth Monday after the first Monday in September, each to con- 
tinue for two weeks; fifth Monday after the first Monday in March, and fifth 
Monday after the first Monday in September, each to continue for two weeks, for 
civil cases only. 

1913, c. 196. 

Johnston — First Monday after the first Monday in March ; third Monday 
before the first Monday in September, for criminal cases only; fourteenth Mon- 
day after the first Monday in September, to continue for two weeks ; second 
Monday before the first Monday in March ; seventh Monday after the first Mon- 
day in March, and third Monday after the first Monday in September, each to 
continue for two weeks ; and the last three terms for civil cases only. 

1913, c. 196. 

Harnett — Eighth Monday before the first Monday in March ; fourth Monday 
before the first Monday in March, to continue for two* weeks, for civil cases only. 
Eleventh Monday after the first Monday in March; first Monday in September, 
to continue for two weeks, the second week for civil cases only. Tenth Monday 
after the first Monday in September, to continue for two weeks, for civil cases 
only. 

1913, c. 196. 

Chatham — Seventh Monday before the first Monday in March ; tenth Monday 
after the first Monday in March; seventh Monday after the first Monday in 
September; second Monday after the first Monday in March, for civil cases only; 
fifth Monday before the first Monday in September for two weeks, for civil and 
criminal cases, the criminal docket to be called the first day of the term and the 
trial of criminal cases to continue until the criminal docket is disposed of. 

1913, c. 196; 1917, c. 228; 1919, c. 35. 

Lee — Third Monday after the first Monday in March, to continue for two 
weeks ; ninth Monday after the first Monday in March ; second Monday after the 
first Monday in September, for civil cases only; eighth Monday after the first 
Monday in September, to continue for two weeks, the first week for criminal 
and ciyil cases and the second for civil cases only; seventh Monday before the 
first Monday in September, to continue for two weeks. When any party has 
been duly served with summons and a copy of the complaint thirty days before 

75 



1443 COURTS— Art. 6 Ch. 27 

the commencement of any term of the court of Lee county, the case shall stand 
for trial at said term. 

1913, c. 196; Ex. Sess. 1913, c. 24; 1917, c. 228. 

Fifth district. The fifth district shall be composed of the following counties, 
and the superior courts thereof shall be held at the following times, to wit : 

Pitt — Seventh Monday before the first Monday in March, for civil cases only ; 
sixth Monday before the first Monday in March ; second Monday before the first 
Monday in March, for civil cases only; second Monday after the first Monday in 
March, to continue for two weeks ; sixth Monday after the first Monday in March 
and seventh Monday after the first Monday in March, to constitute one term for 
the trial of criminal and civil cases; eleventh Monday after the first Monday in 
March, for civil cases only ; twelfth Monday after the first Monday in March, 
for civil cases only; second Monday before the first Monday in September, for 
civil cases only ; first Monday before the first Monday in September ; first Monday 
after the first Monday in September, for civil cases only ; third Monday after 
the first Monday in September, for civil cases only ; eighth Monday after the first 
Monday in September, for civil cases only; tenth Monday after the first Monday 
in September. 

1913, c. 196; Ex. Sess. 1913; c. 25; 1915, cc. Ill, 139; 1917, c. 217; 1919; c. 56; Ex. 
Sess. 1920, c. 29; 1921, c. 159. 

Craven — Eighth Monday before the first Monday in March ; thirteenth Monday 
after the first Monday in March, and the first Monday in September for criminal 
cases only; fifth Monday after the first Monday in March, for civil cases and jail 
cases on the criminal docket ; fourth Monday before the first Monday in March ; 
fourth Monday after the first Monday in September ; eleventh Monday after the 
first Monday in September, each to continue for two weeks, for civil cases only; 
tenth Monday after the first Monday in March, for civil cases only. 

1913, c. 196; 1915, c. Ill; 1917, c. 217. 

Pamlico — Eighth Monday after the first Monday in March, and ninth Mon- 
day after the first Monday in September, each to continue for two weeks. 
1913, c. 196; 1921, c. 159. 

Jones — Fourth Monday after the first Monday in March; and second Monday 
after the first Monday in September. 

1913, c. 196; Ex. Sess. 1913, c. 19; P. L. 1915, c. 363; 1921, c. 159. 

Carteret — Fourteenth Monday after the first Monday in March, to continue 
for two weeks; first Monday after the first Monday in March, and sixth Monday 
after the first Monday in September; thirteenth Monday after the first Monday 
in September, for civil cases only; fifth Monday before the first Monday in March. 

1913, c. 196; 1921, c. 159. 

Greene — First Monday before the first Monday in March, to continue for two 
weeks; sixteenth Monday after the first Monday in March; fourteenth Monday 
after the first Monday in September, to continue for two weeks. 

1913, cc. 63, 171, 196; Ex. Sess. 1913, cc. 19, 47; 1915, c. 139. 

76 



1443 COURTS— Art. 6 Ch. 27 

Sixth district. The sixth district shall be composed of the following counties, 
and the superior courts thereof shall he held at the following times, to wit : 

Lenoir — Sixth Monday before the first Monday in March ; eleventh Monday 
after the first Monday in March; second Monday before the first Monday in 
September, and fourteenth Monday after the first Monday in September, each 
for criminal cases only. Second Monday before the first Monday in March, two 
weeks, for civil cases only. Fifth Monday after the first Monday in March ; 
fourteenth Monday after the first Monday in March, and ninth Monday after 
the first Monday in September, terms of two weeks each for civil cases only. Sixth 
Monday after the first Monday in September. 

1913, c. 196; Ex. Sess. 1913, c. 61; 1915, c. 240; 1917, c. 13. 

For civil actions at criminal terms, see end of district. 

Duplin — Eighth Monday before the first Monday in March, third Monday 
after the first Monday in March, first Monday before the first Monday in Sep- 
tember, each to continue two weeks for the trial of civil cases only; thirteenth Mon- 
day after the first Monday in September, to continue two weeks, the first week for 
criminal and civil cases, and the second week for civil cases only ; fifth Monday 
before first Monday in March, eighth Monday before the first Monday in Sep- 
tember, fourth Monday after the first Monday in September, each for one week, 
for the trial of criminal cases only. 

1913, c. 196; Ex. Sess. 1913, c. 53; 1915, c. 240; Ex. Sess. 1920, c. 81; Ex. Sess. 1921, 
cc. 78, 79. 

Onslow — Sixth Monday after the first Monday in March, to continue for 
two weeks for civil cases only; seventh Monday before the first Monday in Sep- 
tember, for civil cases only ; fifth Monday after the first Monday in September ; 
eleventh Monday after the first Monday in September, and to continue two weeks 
for the trial of civil cases only; thirteenth Monday after the first Monday in 
September, for civil cases only ; first Monday in March. 

1913, c. 196; Ex. Sess. 1913, c. 75; 1915, c. 240; Ex. Sess. 1921, c. 78, s. 1. 

The commissioners of Onslow county, whenever in their discretion the best 
interests of the county demand it, may, by order, abrogate, in any year, the 
holding of those terms of the courts of Onslow county which convene on the 
sixth Monday after the first Monday in March, and the seventh Monday before 
the first Monday in September, and on the thirteenth Monday after the first 
Monday in September, all or either of said terms, and when any of these terms 
are so abrogated, thirty days notice of the same shall be given by the commis- 
sioners, in each instance, by publication of same in a newspaper published in 
the county, and at the courthouse door and at four other public places in the 
county. 

1915, c. 25. 

Sampson — Fourth Monday before the first Monday in March ; first Monday 
after the first Monday in March; fourth Monday before the first Monday in 
September; first Monday after the first Monday in September; seventh Monday 
after the first Monday in September; eighth Monday after the first Monday in 

77 



1443 COURTS— Akt. 6 Oh. 27 

March, each to continue for two weeks; the September and March terms to 
be for civil cases only. 

1913, c. 196; Ex. Sess. 1913, c. 61; 1915, c. 240; Ex. Sess. 1921, c. 79, s. 2. 

At criminal terms of the superior court in the sixth judicial district, civil 
actions which do not require a jury may be heard by consent; and at criminal 
terms in the county of Lenoir, any order, judgment, or decree may be entered 
in a civil action not requiring a jury trial. 

1915, c. 240, s. 3; 1917, c. 13. 

Seventh district. The seventh district shall be composed of the following 
counties, and the superior courts thereof shall be held at the following times, 
to wit : 

Wake — Criminal courts : Eighth Monday before the first Monday in March ; 
fourth Monday before the first Monday in March ; first Monday in March ; fifth 
Monday after the first Monday in March; ninth Monday after the first Monday 
in March ; thirteenth Monday after the first Monday in March ; eighth Monday 
before the first Monday in September; first Monday after the first Monday in 
September; fifth Monday after the first Monday in September; ninth Monday 
after the first Monday in September ; fourteenth Monday after the first Monday 
in September. These terms shall be for criminal cases only. 

Civil courts : Fifth Monday before the first Monday in March ; third Monday 
before the first Monday in March ; first Monday after the first Monday in March, 
to continue for two weeks ; third Monday after the first Monday in March, to 
continue for two weeks; sixth Monday after the first Monday in March, to con- 
tinue for two weeks ; eighth Monday after the first Monday in March ; eleventh 
Monday after the first Monday in March, to continue for two weeks; fourteenth 
Monday after the first Monday in March, to continue for two weeks; second 
Monday after first Monday in September, to continue for two weeks; fourth 
Monday after the first Monday in September ; seventh Monday after the first 
Monday in September, to continue for two weeks ; twelfth Monday after the first 
Monday in September, to continue for two weeks. These terms shall be for civil 
cases only, and no criminal process shall be returnable to such terms. 

1913, c. 196; 1917, c. 116; 1919, c. 113. 

Franklin — Seventh Monday before the first Monday in March, to continue for 
two weeks; second Monday before the first Monday in March, to continue for 
two weeks, for civil cases only; tenth Monday after the first Monday in March; 
first Monday before the first Monday in September, to continue for two weeks, 
for civil cases only; sixth Monday after the first Monday in September, for 
criminal cases only; tenth Monday after the first Monday in September, to con- 
tinue for two weeks, for civil cases oxly. 

1913, c. 196; 1917, c. 116. 

Eighth district. The eighth district shall be composed of the following counties, 
and the superior courts thereof shall be held at the following times, to wit : 

New Hanover — Seventh Monday before the first Monday in March, to continue 
one week, for the trial of criminal cases only; fourth Monday before the first Mon- 

78 



1443 COURTS— Art. 6 Oh. 27 

day in March, to continue two weeks, for the trial of civil cases only ; first Monday 
in March, to continue two weeks, for the trial of civil cases only; second Monday 
after the first Monday in March, to continue one week for the trial of criminal 
cases only; sixth Monday after the first Monday in March, to continue two 
weeks, for the trial of civil cases only; tenth Monday after the first Monday in 
March, to continue one week, for the trial of criminal cases only; twelfth Mon- 
day after the first Monday in March, to continue two weeks, for the trial of civil 
cases only; fourteenth Monday after the first Monday in March, to continue one 
week, for the trial of criminal cases only ; first Monday after the first Monday in 
September, to continue one week, for the trial of criminal cases only; second Mon- 
day after the first Monday in September, to continue one week, for the trial of 
civil cases only; sixth Monday after the first Monday in September, to continue 
two weeks, for the trial of civil cases only ; tenth Monday after the first Monday in 
September, to continue one week, for the trial of criminal cases only; thirteenth 
Monday after the first Monday in September, to continue two weeks, for the trial 
of civil cases only; sixth Monday before the first Monday in September, to con- 
tinue one week, for the trial of criminal cases only. 
1913, c. 196; 1915, c. 60; 1919, c. 167; 1921, c. 14. 

Pender — Third Monday after the first Monday in September, to continue one 
week, for the trial of civil and criminal cases ; eighth Monday after the first Mon- 
day in September, to continue two weeks, for the trial of civil cases only ; sixth 
Monday before the first Monday in March, to continue one week, for the trial 
of criminal and civil cases ; third Monday after the first Monday in March, to 
continue two weeks, for the trial of civil cases only ; eleventh Monday after the 
first Monday in March, to continue one week, for the trial of criminal and civil 
cases. 

1913, c. 196; 1921, c. 14. 

Columbus — Second Monday before the first Monday in September, to continue 
two weeks, for the trial of criminal and civil cases ; eleventh Monday after the 
first Monday in September, to continue two weeks, for the trial of civil cases only ; 
fifth Monday before the first Monday in March, to continue one week, for the 
trial of criminal and civil cases ; second Monday before the first Monday in 
March, to continue two weeks, for the trial of civil cases only ; eighth Monday 
after the first Monday in March, to continue two weeks, for the trial of criminal 
and civil cases. 

1913, c. 196; Ex. Sess. 1913, c. 61; 1917, c. 124; 1921, cc. 14, 149; Ex. Sess. 1921, c. 40. 

Brunswick — First Monday in September, to continue one week, for the trial of 
civil cases only; fourth Monday after the first Monday in September, to continue 
one week, for the trial of criminal and civil cases ; eighth Monday before the 
first Monday in March, to continue one week, for the trial of civil cases only; 
fifth Monday after the first Monday in March, to continue one week, for the trial 
of criminal and civil cases ; fifteenth Monday after the first Monday in March, 
to continue one week, for the trial of civil cases only. 

1913, c. 196; Ex. Sess. 1913, c. 56; 1917, c. 18; 1921, c. 14. 

79 



1443 COURTS— Art. 6 Oh. 27 

All motions and orders, applications for injunctions, receiverships, etc., may be 
heard at criminal terms upon five days notice. Divorce cases may be tried at any 
term of court, civil or criminal. 
1921, c. 14. 

Ninth district. The ninth district shall be composed of the following counties, 
and the superior courts thereof shall he held at the following times, to wit : 

Bladen — Eighth Monday before the first Monday in March, for civil cases and 
criminal cases where defendants are confined in jail only; the seventh Monday 
after the first Monday in March and the sixth Monday after the first Monday 
in September, for civil cases only; the first Monday after the first Monday in 
March and the fourth Monday before the first Monday in September, for criminal 
cases only. 

The presiding judge at any term of the superior court of Bladen county may, 
in his discretion, on the first day of the term, direct the sheriff of the county to 
summon such additional jurors for the term as may be necessary for the proper 
dispatch of the business before the court. 

1913, c. 196; 1915, c. 110. 

Cumberland — Seventh Monday before the first Monday in March; twelfth 
Monday after the first Monday in March ; first Monday before the first Monday 
in September ; eleventh Monday after the first Monday in September, each for 
criminal cases only. Third Monday before the first Monday in March ; second 
Monday after the first Monday in March; eighth Monday after the first Monday 
in March ; second Monday after the first Monday in September ; seventh Monday 
after the first Monday in September, each to continue for tw r o weeks, for civil 
cases only. At all criminal terms of said court civil trials which do not require 
a jury may be heard by consent of the parties, and motions may be heard upon 
ten days notice to the adverse party prior to said term. 

1913, c. 196; Ex. Sess. 1913. c- 23. 

Hoke — Sixth Monday before the first Monday in March ; sixth Monday after 
the first Monday in March; third Monday before the first Monday in September, 
to continue for two weeks; and tenth Monday after the first Monday in Sep- 
tember. 

1913, c. 196; 1917, c. 233; Ex. Sess. 1921, c. 81. 

Robeson — Fifth Monday before the first Monday in March, for criminal cases ; 
eighth Monday before the first Monday in September, to continue for two weeks, 
for the trial of criminal cases, with the power, hereby given, to the commissioners 
of Robeson county to determine at their meeting on the first Monday in June of 
each year whether the said term shall continue for more than one week; ninth 
Monday after the first Monday in September, for criminal cases. Fourth Monday 
before the first Monday in March; first Monday before the first Monday in March, 
two weeks, for civil cases only; fourth Monday after the first Monday in March, 
two weeks ; tenth Monday after the first Monday in March, two weeks ; first Mon- 
day in September, two weeks ; fourth Monday after the first Monday in September, 

80 



1443 COURTS— Art. 6 Oh. 27 

two weeks; thirteenth Monday after the first Monday in September, two weeks; 
the last four terms for civil cases. 
1913, c. 196; 1915, c. 208; 1919, c. 105; 1923, c. 209. 

Tenth district. The tenth district shall be composed of the following coun- 
ties, and the superior courts thereof shall be held in each year at the following 
times, to wit : 

Alamance — First Monday before the first Monday in March, fifteenth Monday 
after the first Monday in March, third Monday before the first Monday in Sep- 
tember, and the twelfth Monday after the. first Monday in September, for the 
trial of criminal cases ; fourth Monday after the first Monday in March, one week ; 
ninth Monday after the first Monday in March, one week; twelfth Monday after 
the first Monday in March, two weeks; and the first Monday in September, two 
weeks, each for the trial of civil cases only. 

1913, c. 196; 1915, c. 53; 1921, c. 134; Ex. Sess. 1921, c. 36. 

Durham — Second Monday before the first Monday in March, eleventh Mon- 
day after the first Monday in March, fifth Monday after the first Monday in 
September, and the thirteenth Monday after the first Monday in September, each 
for the trial of criminal cases only; eighth Monday before the first Monday in 
March, first Monday in March, second Monday after the first Monday in Sep- 
tember, eighth Monday after the first Monday in September (each term two 
weeks), and eighth Monday after the first Monday in March, for the trial of 
civil cases. 

1913, c. 196; 1915, c. 68; Ex. Sess. 1921, c. 36. 

Granville — Fourth Monday before the first Monday in March, fifth Monday 
after the first Monday in March, tenth Monday after the first Monday in Septem- 
ber, each term for two weeks ; sixth Monday before the first Monday in September, 
one week; seventh Monday after the first Monday in September, one week, for 
civil cases only. 

1913, c. 196; 1915, c. 7; Ex. Sess. 1921, c. 36; 1923, c. 131. 

Orange — Tenth Monday after the first Monday in March, fourth Monday after 
the first Monday in September, for civil cases only; second Monday after the 
first Monday in March, first Monday before the first Monday in September, four- 
teenth Monday after the first Monday in September. 

1913, c. 196; 1915, cc. 33, 54; 1917, c. 52; Ex. Sess. 1921, c. 36. 

Person — Fifth Monday before the first Monday in March, seventh Monday after 
the first Monday in March, fourth Monday before the first Monday in September, 
sixth Monday after the first Monday in September. 

1913, c. 196; 1915, c. 54; Ex. Sess. 1921, c. 36. 

WESTERN DIVISION 

Eleventh district. The eleventh district will be composed of the following 
counties, and the superior courts thereof shall be held at the following times, 
to wit : 

6 81 



1443 COURTS— Aet. 6 Oh. 27 

Ashe — Fifth. Monday after the first Monday in March, and eighth Monday 
before the first Monday in September, each to continue for two weeks, the latter 
for the trial of civil cases only; sixth Monday after the first Monday in Sep- 
tember, for the trial of criminal cases only: Provided, that motion and uncon- 
tested civil oases may be heard at said term. 

1913, c. 196; Ex. Sess. 1913, c. 34; Ex. Sess. 1921, c. 32. 

Alleghany — Ninth Monday after the first Monday in March, and third Mon- 
day after the first Monday in September. 
1913, c. 196. 

Surry — Seventh Monday after the first Monday in March, and first Monday 
before the first Monday in September, each to continue for two weeks ; fourth 
Monday before the first Monday in March; sixteenth Monday after the first Mon- 
day in March, to continue for two weeks, for the trial of civil cases only; seventh 
Monday after the first Monday in September, to continue for two weeks. 

1913, c. 196; Ex. Sess. 1913, c. 34; Ex. Sess. 1921, c. 9. 

Forsyth — Eighth Monday before the first Monday in March, to continue for 
two weeks; third Monday before the first Monday in March, to continue for two 
weeks, for civil cases only; first Monday after the first Monday in March, to 
continue for two weeks, for civil cases only; third Monday after the first Monday 
in March, for criminal cases only; eleventh Monday after the first Monday in 
March, to continue for three weeks, for civil cases only; sixth Monday before the 
first Monday in September, to continue for two weeks, for criminal cases only; 
first Monday after the first Monday in September, to continue for two weeks, for 
civil cases only; fourth Monday after the first Monday in September, to continue 
for two weeks ; ninth Monday after the first Monday in September, to continue 
for two weeks, for civil cases only; fourteenth Monday after the first Monday in 
September, for criminal cases only ; first Monday before the first Monday of 
March, to continue for one week; sixteenth Monday after the first Monday of 
March, to continue for one week ; thirteenth Monday after the first Monday of 
September, to continue for one week. 

1913, c. 196; 1917, c. 169; 1919, c. 87. P. L. 1917, c. 375, provides for a criminal calendar 
for Forsyth; 1923, c. 151. 

Rockingham — Sixth Monday before the first Monday in March, for criminal 
cases only; fourth Monday before the first Monday in September, to continue for 
two weeks, for criminal cases only. First Monday before the first Monday in 
March ; fifteenth Monday after the first Monday in March ; and eleventh Monday 
after the first Monday in September, each to continue for two weeks, for civil 
cases only. Tenth Monday after the first Monday in March. 

1913, c. 196; Ex. Sess. 1913, c. 49; 1917, c. 107. P. L. 1915, c. 60, provides for a calendar 
in Rockingham county. 

Caswell — Fourth Monday after the first Monday in March; second Monday 
before the first Monday in September, and thirteenth Monday after the first 
Monday in September. 

82 



1443 COURTS— Art. G Ok 27 

The commissioners of Caswell county, whenever in their discretion the best 
interests of the county demand it, may, by order, abrogate in any year the holding 
of that term of court which convenes on the second Monday before the first Mon- 
day in September; and when the term is so abrogated, thirty days notice of the 
same shall be given by the commissioners by publication in some newspaper 
published in Caswell county and at the courthouse door and four other public- 
places in the county. 

1913, c 196; 1919, c. 289. 

. Twelfth district. The twelfth district shall be composed of the following 
counties, and the superior courts thereof shall be held at the following times, 
to wit : 

Guilford — Sixth Monday before the first Monday in March, one week ; first 
Monday in March, two weeks; eighth Monday after the first Monday in March, 
one week; fifteenth Monday after the first Monday in March, one week; fifth 
Monday before the first Monday in September, one week; second Monday after 
the first Monday in September, two weeks; tenth Monday after the first Monday 
in September, one week; fifteenth Monday after the first Monday in September, 
one week, for the trial of criminal cases only. 

Eighth Monday before the first Monday in March, two weeks; fourth Monday 
before the first Monday in March, two weeks; second Monday after the first Mon- 
day in March, two weeks; sixth Monday after the first Monday in March, two 
weeks ; tenth Monday after the first Monday in March, two weeks ; thirteenth 
Monday after the first Monday in March, two weeks; fourth Monday before the 
first Monday in September, two weeks; first Monday before the first Monday in 
September, two weeks ; fourth Monday after the first Monday in September, two 
weeks ; eighth Monday after the first Monday in September, two weeks ; thirteenth 
Monday after the first Monday in September, two weeks, for the trial of civil 
cases only. 

1913, c. 196; 1921, c. 22; 1923, c. 169. 

Davidson — Fifth Monday before the first Monday in March, one week; ninth 
Monday after the first Monday in March, one week; sixteenth Monday after the 
first Monday in March, one week; second Monday before the first Monday in 
September, one week, for the trial of criminal cases only. 

Second Monday before the first Monday in March, two weeks; twelfth Monday 
after the first Monday in March, one week; seventh Monday before the first Mon- 
day in September, two weeks; first Monday after the first Monday in September, 
one week ; eleventh Monday after the first Monday in September, two weeks mixed ; 
for the trial of civil cases only. 

1913, c. 196; Ex. Sess. 1913, c. 14; 1921, c. 42; 1923, c. 169. 

Stokes— Fourth Monday after the first Monday in March, one week; sixth Mon- 
day after the first Monday in September, one week, for the trial of criminal cases 
only. 

83 



1443 COURTS— Aet. 6 Ch. 27 

Fifth Monday after the first Monday in March, one week; eighth Monday be- 
fore the first Monday in September, one week; seventh Monday after the first 
Monday in September, one week, for the trial of civil cases only. 

1913, c. 196; Ex. Sess. 1913, c. 1; 1921, c. 142; 1923, c. 169. 

Thirteenth district. The thirteenth district shall be composed of the fol- 
lowing counties, and the superior courts shall be held at the following times, 
to wit : 

Union — Fifth Monday before the first Monday in March, for criminal cases ; 
third Monday after the first Monday in March, for civil cases; fifth Monday be- 
fore the first Monday in September, for criminal cases. Sixth Monday after the 
first Monday in September, to continue for two weeks, the second week for civil 
cases only; second Monday before the first Monday in March, and second Monday 
before the first Monday in September, each to continue for two weeks; ninth 
Monday after the first Monday in March ; the last three terms for civil cases only. 

In the first two terms of court for Union county for the trial of criminal 
cases, if it shall appear to the clerk of the superior court that the criminal 
docket will not be sufficient to take up the entire term, he may make or cause to 
be made a calendar of civil cases as is made at other terms, and such cases shall 
be tried at such term in the same manner as if it were a civil term. 

If it shall appear to the county commissioners for the county of Union, prior 
to the drawing of a jury or grand jury for any criminal term of court, that there 
is no prisoner in jail in the county or that the criminal docket at such term is not 
sufficient to justify the holding of the term, then the clerk is not to make or 
cause to be made a calendar of civil cases to be tried at said term, and the county 
commissioners, within their discretion, may not draw a jury or grand jury for 
such term, and notice shall be given immediately to the judge not to hold said 
court. 

If it shall appear to the board of commissioners of Union county, thirty days 
before the beginning of the term held the third Monday after the first Monday in 
March that the condition of the criminal docket, and the number of prisoners in 
jail, make it necessary that said March term should be used as a criminal term, 
then said board of commissioners are hereby authorized and empowered within 
their discretion to draw a grand jury for said term, and to give thirty days notice 
in some local paper that criminal cases would be tried at said term, and all criminal 
process and undertakings returnable to a subsequent term shall be returnable to 
said March term. 

1913, c. 196; Ex. Sess. 1913, c. 22; 1915, c. 72; 1917, cc. 28, 117; 1921, c. 55. 

Anson — Seventh Monday before the first Monday in March, for criminal cases 
only; first Monday in March for civil cases only; sixth Monday after the first 
Monday in March to continue for two weeks, the second week to be for civil cases 
only; fourteenth Monday after the first Monday in March, for civil cases only; 
first Monday after the first Monday in September, for criminal cases only; third 
Monday after the first Monday in September, for civil cases only; tenth Monday 
after the first Monday in September, for civil cases only. 

1913, c. 196; Ex. Sess. 1921, c. 16; 1923, c. 112. 



1443 COURTS— Akt. 6 Ch. 27 

Scotland — First Monday after the first Monday in March, for one week for the 
trial of civil cases only; eighth Monday after the first Monday in March for one 
week for the trial of criminal and civil cases; thirteenth Monday after the first 
Monday in March for one week for the trial of criminal and civil cases; eighth 
Monday after the first Monday in September for one week for the trial of civil 
cases only; twelfth Monday after [first] Monday in September for two weeks for 
the trial of criminal and civil cases. 

1913, c. 196; Ex. Sess. 1913, c. 22; 1917, c. 105; 1923, c. 17S. 

Moore — Sixth Monday before the first Monday in March, for criminal cases 
only; third Monday before the first Monday in March, for civil cases only; 
eleventh Monday after the first Monday in March, for civil cases only; third 
Monday before the first Monday in September, for criminal cases only; second 
Monday after the first Monday in September, for civil cases only; fourteenth 
Monday after the first Monday in September, for civil cases only. Each of the 
terms designated for the trial of criminal cases shall also be a return term for 
such civil process as may be returnable at term, and for the hearing of motions 
in civil cases; and civil cases requiring a jury may, by consent of parties thereto, 
be tried at such terms. 

1913, c. 196; Ex. Sess. 1913, c. 30; 1915, c. 64. 

Richmond — Ninth Monday before the first Monday in March ; fifth Monday 
after the first Monday in March, sixth Monday before the first Monday in Sep- 
tember, fourth Monday after the first Monday in September, all for criminal cases ; 
eighth Monday before the first Monday in March, one week; second Monday after 
the first Monday in March, twelfth Monday after the first Monday in March, fif- 
teenth Monday after the first Monday in March, seventh Monday before the first 
Monday in September, first Monday in September, ninth Monday after the first 
Monday in September, all for civil cases. 

1913, c. 196; 1915, c. 72; 1917, s. 117; 1919, c. 98; 1921, c. 77; Ex. Sess. 1921, c. 16; 1923, 
cc. 112, 184. 

Stanly — Fourth Monday before the first Monday in March, for civil cases 
only; fourth Monday after the first Monday in March; tenth Monday after the 
first Monday in March, for civil cases only; eighth Monday before the first Mon- 
day in September; fifth Monday after the first Monday in September, for civil 
cases only; eleventh Monday after the first Monday in September. 

1913, c. 196. 

Fourteenth district. The fourteenth district shall be composed of the follow- 
ing counties, and the superior courts thereof shall be held at the following times, 
to wit : 

Gaston — Seventh Monday before the first Monday in March ; sixth Monday 
after the first Monday in March ; thirteenth Monday after the first Monday in 
March; second Monday before the first Monday in September; seventh Monday 
after the first Monday in September ; each for the trial of criminal cases exclu- 
sively; sixth Monday before the first Monday in March; second Monday after 

85 



1443 COURTS— Aet. 6 Ch. 27 

the first Monday in March ; second Monday after the first Monday in September ; 
thirteenth Monday after the first Monday in September; each to continue for two 
weeks, for the trial of civil cases exclusively; third Monday before the first Mon- 
day in September for the trial of civil cases only : Provided, that the board of 
commissioners of Gaston county may in their discretion, by an order at their 
regular meeting held on the first Monday in July in any year, dispense with the 
term of court for the third Monday before the first Monday in September. 
1913, c. 196; Ex. Sess. 1913, c. 12; 1915, c. 153; 1919, c. 187; Ex. Sess. 1920, c. 39. 

Mecklenburg — Eighth', Monday before the first Monday in March; first Monday 
before the first Monday in March ; tenth Monday after the first Monday in March ; 
fourteenth Monday after the first Monday in March ; eighth Monday before the 
first Monday in September, which last named term only is to continue two weeks ; 
first Monday before the first Monday in September; fourth Monday after the 
first Monday in September ; tenth Monday after the first Monday in September, 
which eight terms are for the trial of criminal cases exclusively; fourth Monday 
before the first Monday in March, to continue three weeks ; the first Monday in 
March ; fourth Monday after the first Monday in March ; eighth Monday after 
the first Monday in March ; eleventh Monday after the first Monday in March ; 
the first Monday in September ; fifth Monday after the first Monday in September ; 
eighth Monday after the first Monday in September; eleventh Monday after the 
first Monday in September, which last named eight terms are to continue for two 
weeks ; fifteenth Monday after the first Monday in March, and all of the last named 
ten terms are for the trial of civil cases exclusively: Provided, that the board of 
county commissioners of Mecklenburg county may in their discretion, by an order 
at their regular meeting held on the first Monday in March in any year, provide 
for the holding of a term of court for the seventh Monday after the first Monday 
in March, and for the trial of civil and criminal cases, either or both, at said term. 

No process nor other writ of any kind pertaining to civil actions shall be made 
returnable to any of the criminal terms, and no business pertaining to civil actions 
shall be transacted at the criminal terms for Mecklenburg county. 

1913, c. 196; Ex. Sess. 1913, cc. 11, 18; 1915, c. 153; 1919, c. 187; Ex. Sess. 1920, c. 39. 

Fifteenth District. The fifteenth district shall be composed of the following 
counties, and the superior courts thereof shall be held at the following times, 
to wit : 

Iredell — Fifth Monday before the first Monday in March, to continue for two 
weeks, for the trial of criminal and civil cases ; first Monday after the first Monday 
in March, to continue for one week, for civil cases only; eleventh Monday after 
the first Monday in March, to continue for two weeks, for the trial of criminal 
and civil cases; fifth Monday before the first Monday in September, to continue 
for two weeks, for 1 criminal and civil cases ; ninth Monday after the first Monday 
in September, to continue for two weeks, for criminal and civil cases. 

1913, c. 196; 1921, c. 121, s. 2; 1923, c. 129. 

Randolph — Second Monday after the first Monday in March, to continue for 
two weeks, for civil cases only; fourth Monday after the first Monday in March, 
for criminal cases; twelfth Monday after the first Monday in March, to continue 

86 



1443 COUETS— Art. 6 Ch. 27 

for two weeks, for civil cases only; fifteenth Monday after the first Monday in 
March for criminal cases ; seventh Monday before the first Monday in September, 
to continue for two weeks for civil cases only; the first Monday in September for 
criminal cases ; thirteenth Monday after the first Monday in September, to con- 
tinue for two weeks for criminal and civil cases. 

1913, c. 196; Ex. Sess. 1913, c. 31; 1921, c. 121, s. 3; Ex. Sess. 1921, c. 22; 1923, c. 229. 

Rowan — Third Monday before the first Monday in March, to continue for 
two weeks; first Monday in March, to continue for one week, for civil cases only; 
ninth Monday after the first Monday in March, to continue for two weeks; first 
Monday after the first Monday in September, to continue for two weeks; fifth 
Monday after the first Monday in September, for civil cases only; eleventh Mon- 
day after the first Monday in September, to continue for two weeks. 

1913, c. 196; Ex. Sess. 1913, c. 5; 1921, c. 31. 

Cabarrus — Eighth Monday before the first Monday in March, to continue for 
two weeks, for the trial of criminal and civil cases ; first Monday before the first 
Monday in March, to continue for one week, for civil cases only ; seventh Monday 
after the first Monday in March, to continue for two weeks, for criminal and 
civil cases ; third Monday before the first Monday in September, to continue for 
three weeks, for criminal and civil cases ; sixth Monday after the first Monday 
in September, to continue for two, weeks, for criminal and civil cases. 

1913, c. 196; 1921, c. 121, s. 2. 

Montgomery — Sixth Monday before the first Monday in March, for criminal 
cases : Provided, said term shall be a return term for such civil process as may 
be returnable at term, and for hearing motions on the civil docket, and civil 
cases requiring a jury may also be tried at said term by consent of the parties 
thereto. Fifth Monday after the first Monday in March, to continue for two 
weeks, for civil cases only. Eighth Monday before the first Monday in Septem- 
ber ; third Monday after the first Monday in September, for civil cases ; fourth 
Monday after the first Monday in September. 

1913, c. 196; Ex. Sess. 1913, c. 61; 1915, c. 1S3; 1917, c. 122; 1921, c. 121, s. 3. 

Sixteenth district. The sixteenth district shall be composed of the following 
counties, and the superior courts thereof shall be held at the following times, 
to wit : 

Cleveland — Third Monday after the first Monday in March ; sixth Monday 
before the first Monday in September; eighth Monday after the first Monday in 
September; each to continue for two weeks. 

1913, c. 196; 1915, c. 173; 1917, c. 245. 

Lincoln — -Fifth Monday before the first Monday in March ; seventh Monday 
before the first Monday in September ; sixth Monday after the first Monday in 
September ; the last term to continue for two weeks, the second week for civil 
cases only. 

1913, c. 196; 1915, c. 210. 

87 



1443 COURTS— Akt. 6 Oh. 27 

Burke — First Monday after the first Monday in March, and fourth Monday 
before the first Monday in September, each to continue for two weeks ; fourth 
Monday after the first Monday in September, to continue for two weeks, for 
civil cases only; fourteenth Monday after the first Monday in September, to 
continue for two weeks, the second week for the trial of civil cases only. 

1913, c. 196; 1915, c. 67; Ex. Sess. 1920, c. 5; Ex. Sess. 1921, c. 90, s. 3. 

Caldwell — First Monday before the first Monday in March ; second Monday 
before the first Monday in September, each to continue two weeks ; eleventh 
Monday after the first Monday in March, to continue two weeks, for civil cases 
only ; twelfth Monday after the first Monday in September, to continue two weeks, 
for the trial of civil and criminal cases. 

1923, c. 196; 1915, c. 35; Ex. Sess. 1921, c. 90, s. 2. 

Catawba — Fourth Monday before the first Monday in March, to continue for 
two weeks, ninth Monday after the first Monday in March, to continue for two 
weeks, for the trial of civil cases only; ninth Monday before the first Monday 
in September, to continue for two weeks ; first Monday in September, to continue 
for two weeks, for the trial of civil cases only ; tenth Monday after the first Monday 
in September, to continue for one week, for the trial, of criminal cases only. 

1913, c. 196; Ex. Sess. 1913, c. 7; Ex. Sess. 1921, c. 47, c. 90, s. 1; 1923, c. 18.' 

Seventeenth district. The seventeenth district shall be composed of the fol- 
lowing counties, and the superior courts thereof shall be held at the following 
times, to wit : 

Alexander — Second Monday before the first Monday in March; second Monday 
after the first Monday in September, to continue for two weeks. 
1913, c. 196; 1921, c. 166. 

Yadkin — First Monday before first Monday in March; second Monday before 
first Monday in September; twelfth Monday after first Monday in September, 
for civil cases only. 

1913, c. 196; Ex. Sess. 1920, c. 42; 1921, c. 166. 

Wilkes — First Monday in March; fourth Monday before the first Monday in 
September, each to continue for two weeks ; first Monday after the fourth Monday 
in May ; and fourth Monday after the first Monday in September, each to continue 
for two weeks, the last two terms for civil cases only. 

1913, c. 196; 1919, c. 165; 1921, c. 166. 

Davie— Second Monday after the first Monday in March; fourth Monday in 
May, for civil cases only ; first Monday before the first Monday in September ; and 
thirteenth Monday after the first Monday in September, last term for civil cases 
only. 

1916, c. 196; 1921, cc. 31, 121, 166. 

Watauga— Third Monday after the first Monday in March; first Monday in 
September, each to continue for two weeks. 
1913, c. 196; 1921, c. 166. 

88 



1443 COURTS— Akt. 6 Oh. 27 

Mitchell — Fifth Monday after the first Monday in March, two weeks; sixth 
Monday before the first Monday in September, one week for civil cases only ; tenth 
Monday after the first Monday in September, each to continue for two weeks. 

1913, c. 196; 1921, c. 166; Ex. Sess. 1921, c. 33. 

Avery — Seventh Monday after the first Monday in March, for two weeks; ninth 
Monday before first Monday in September, three weeks, for civil cases only ; sixth 
Monday after the first Monday in September, for two weeks. 

1913, c. 196; 1915, c. 169; 1921, c. 166; Ex. Sess. 1921, c. 33; 1923, c. 90. 

Eighteenth district. The eighteenth district shall be composed of the following 
counties, and the superior courts thereof shall be held at the following times, to wit : 

Transylvania — -Fifth Monday after the first Monday in March, sixth Monday 
before the first Monday in September, each to continue for two weeks; twelfth 
Monday after the first Monday in September, for three weeks. The board of com- 
missioners of Transylvania County may, for good cause, decline to draw the grand 
jury for the July term of court provided for in this section. 

1913, c. 196; 1915, c. 66; Ex. Sess. 1920, c. 19; Ex. Sess. 1921, c. 24. 

Henderson — First Monday in March, to continue for two weeks ; fourth Monday 
after the first Monday in September, to continue for two weeks; twelfth Monday 
after the first Monday in March, to continue for two weeks, for civil cases only; 
tenth Monday after the first Monday in September, to continue for two weeks, 
for civil cases only; eighth Monday before the first Monday in March, to continue 
for two weeks, for civil cases only. 

1913, c. 196; 1917, c. 115; 1919, c. 162; Ex. Sess. 1921, c. 24; 1923, c. 204. 

Rutherford — Tenth Monday after the first Monday in March, and eighth Mon- 
day after the first Monday in September, each to continue for two weeks ; fourth 
Monday before the first Monday in March, and second Monday before the first 
Monday in September, each to continue for two weeks for civil cases only. 

1913, c. 196; 1915, c. 116; Ex. Sess. 1921, c. 24. 

McDowell — Second Monday before the first Monday in March, eighth Monday 
before the first Monday in September, second Monday after the first Monday in 
September, each to continue for two weeks ; fourteenth Monday after the first 
Monday in March, to continue for two weeks, for civil cases only. 

1913, c. 196; Ex. Sess. 1921, c. 24; 1923, c. 219. 

Yancey — Third Monday after the first Monday in March, sixth Monday after 
the first Monday in September, each to continue for two weeks ; first Monday in 
August, to continue for two weeks for the trial of civil cases only. 

1913, c. 196; Ex. Sess. 1913, c. 38; 1915, c. 71; Ex. Sess. 1920, c. 4; Ex. Sess. 1921, 
c. 24; 1923, c. 222. 

Polk — Seventh Monday after the first Monday in March, and first Monday in 
September, each to continue for two weeks. 
1913, c. 196; Ex. Sess. 1921, c. 24. 

89 



1443 COUETS— Art. 6 Ch. 27 

Nineteenth district. The nineteenth district shall be composed of the following 
counties, and the superior courts thereof shall be held at the following times, 
to wit : 

Buncombe — The second Monday in January, the first Monday in February, 
the first monday in March, the first Monday in April, the first Monday in May, 
the first Monday in June, the second Monday in July, the first Monday in August, 
the first Monday in September, the first Monday in October, the first Monday in 
November, and the first Monday in December, each to continue for two weeks, 
for the trial of civil cases exclusively; the fourth Monday in January, the third 
Monday in February, the third Monday in March, the third Monday in April, the 
third Monday in May, the fourth Monday in July, the third Monday in August, 
the third Monday in September, the third Monday in October, the third Monday 
in November, and the third Monday in December, each to continue for one week, 
for the trial of both criminal and civil cases ; the third Monday in June, to con- 
tinue for two weeks, for the trial of both criminal and civil cases. 

1913, c. 196; 1915, c. 117; 1917, c. 79; 1923, c. 31. 

Madison — The fourth Monday in February, the fourth Monday in March, the 
fourth Monday in April, the fourth Monday in May, the fourth Monday in Au- 
gust, the fourth Monday in September, the( fourth Monday in October, the fourth 
Monday in November. 

1913, c. 196; 1915, c. 117; 1917, c. 79. 

Twentieth district. The twentieth district shall be composed of the following 
counties, and the superior courts thereof shall be held at the following times, 
to wit : 

Cherokee — Sixth Monday before the first Monday in March; fourth Monday 
after the first Monday in March; fifteenth Monday after the first Monday in 
March, for the trial of civil causes only : Provided, that upon request of the bar 
of Cherokee county the board of county commissioners need not draw a jury for 
this term ; fourth Monday before the first Monday in September ; ninth Monday 
after the first Monday in September, each to continue two weeks. 

1913, c. 196; Ex. Sess. 1913, c. 21; 1917, c. 114; 1923, c. 51. 

Graham — Second Monday after the first Monday in March ; thirteenth Monday 
after the first Monday in March, to be held for civil cases only; first Monday in 
September, each to continue for two weeks. 

1913, c. 196; Ex. Sess. 1913, c. 28; 1917, c. 54. 

Swain — First Monday in March; sixth Monday before the first Monday in 
September; seventh Monday after the first Monday in September, each to con- 
tinue for two weeks : Provided, that the board of commissioners of Swain 
county may, when the public interest requires it, decline to draw a grand jury 
for the July term. 

1913, c. 196. 

Haywood — Eighth Monday before the first Monday in March, to continue for 
two weeks, for civil cases only; fourth Monday before the first Monday in March, 

90 



1401 COUKTS— Art. 8 Ch. 27 

to continue for two weeks; ninth Monday after the first Monday in March, to 
continue for two weeks, for civil cases only ; eighth, Monday before the first Mon- 
day in September, to continue for two weeks ; second Monday after the first Mon- 
day in September, and the twelfth Monday after the first Monday in September, 
each to continue for two weeks. 

1913, c. 196; 1917, cc. 7, 114; 1923, c. 35, s. 2. 

Jackson — Second Monday before the first Monday in March ; eleventh Monday 
after the first Monday in March, for civil cases only ; fifth Monday after the first 
Monday in September, each to continue for two weeks. 

1913, c. 196. 

Macon — Seventh Monday after the first Monday in March; second Monday 
before the first Monday in September, and eleventh Monday after the first 
Monday in September, the first two of said terms to continue for two weeks, and 
the last thereof for one week only. The board; of commissioners of Macon county 
may, for good cause, decline to draw a jury for more than one week for any term 
of court provided for in this chapter. 

1913, c. 196; 1923, c. 35, s. 1. 

Clay — Sixth Monday after the first Monday in March, and fourth Monday 
after the first Monday in September. 
1913, c. 196. 

1444. Civil cases at criminal terms. At criminal terms of court, all civil proc- 
ess may be returned and pleadings filed which may be returned and filed at civil 
terms; motions in civil actions may be heard upon due notice, and trials in civil 
actions may be heard by consent of parties. 

Rev., s. 1507; 1901, c. 28; 1913, c. 196, s. 2; Ex. Sess. 1913, c. 23; 1915, cc. 68, 240; 
1917, c. 13. 

At the criminal terms of court in the counties of Anson, Bladen and Robeson, 
all civil process may be returned and pleadings filed which may be returned and 
filed at civil terms ; civil actions which do not require a jury, motions and divorce 
cases, including* jury trials in divorce cases, may be heard, and other civil actions 
may be heard by consent of parties. 

1913, c. 28; 1915, c. 110; 1917, c. 15. 

At the criminal terms of court in the counties of Anson, Bladen, Cumberland, 
Durham, Gaston, and Robeson, judgments by default final and by default and 
inquiry may be rendered in civil actions without further notice than that con- 
tained in the summons. 

1913, c. 28; Ex. Sess. 1913, c. 23; 1915, cc. 68, 110, 114; 1917, c. 15; 1919, c. 187; 
Ex. Sess. 1920, c. 39. 

Art. 8. Special Regulations 

1461. Court stenographers. Upon the request of a judge holding a superior 
court in any county in the state, the board of county commissioners in such county 
shall employ a competent stenographer to take down the proceedings of the 

91 



1494 COUKTS— Art. 12 Ok 27 

court, at a compensation not to exceed five dollars per day and actual expenses, 
to be paid by tbe county in which tbe court is held : Provided, that the compen- 
sation of said stenographers in counties composing the sixteenth judicial district 
shall not exceed ten dollars per day. 

The judge is authorized to tax a reasonable fee against the losing party in 
every action, civil and criminal, to be turned into the county treasury towards 
reimbursing the county, but no fee shall be taxed against a losing party suing 
in forma pauperis. 

Every stenographer so employed shall make three copies of the proceedings 
in every case appealed to the supreme court, without extra charge, and shall 
furnish one copy to the attorneys on each side and file one copy with the clerk 
of the superior court of the county in which any such case is tried, and shall 
obey all orders of the judge relative to the time in which any such work shall 
be done : Provided, that the restrictions herein against an extra charge for making 
copies of the proceedings in cases appealed to the supreme court shall not apply 
to counties composing the sixteenth judicial district. 

Every stenographer so employed shall, before entering upon the discharge 
of his duties, be duly sworn to well, truly, and correctly take down and tran- 
scribe the proceedings of the court, except the argument of counsel, and the 
charge of the court thus taken down and transcribed shall be held to be a com- 
pliance with the law requiring the judge to put his instructions to the jury in 
writing. 

This section shall not apply to any county which has a court stenographer 
authorized by law : Provided, that the board of county commissioners of Meck- 
lenburg county may, by resolution approving this law, bring said county within 
the provisions of the same : Provided further, that this law shall not apply to the 
following counties : Alleghany, Brunswick, Caldwell, Camden, Carteret, Caswell, 
Chatham, Currituck, Dare, Davidson, Davie, Forsyth, Greene, Haywood, Hoke, 
New Hanover, Orange, Pender, Perquimans, Person, Surry, Transylvania, Union, 
Watauga. 

Ex. Sess. 1913, c. 69; Ex. 'Sess. 1921, c. 57. 

Alamance county: See Public Laws, Ex. Sess. 1921, c. 2. 

SUBCHAPTER III. JUSTICES OF THE PEACE 

Art. 12. Process 

1494. Service on foreign corporation. Whenever any action of which a justice 
of the peace has jurisdiction shall be brought against a foreign corporation, which 
corporation is required to maintain a process agent in the state, the summons may 
be issued to the sheriff of the county in which such process agent resides, and 
when certified under the seal of his office by thei clerk of the superior court of the 
county in which the justice issuing such summons resides to be under the hand 
of such justice, the sheriff of the county to which such summons shall be issued 
shall serve the same as in other cases and make due return thereof. No justice 
of the peace shall enter a judgment in such cases against any such foreign cor- 
poration unless it shall appear that the process was duly served upon such 

92 



1562(b) COUETS— Art. 18 Ch. 27 

process agent at least twenty days before tbe return day of tbe same. The sum- 
mons may be made returnable at a time to be therein named, not exceeding 
forty days from the date of such summons : Provided, this section shall not 
apply to actions commenced in a county where the defendant has an officer or 
agent upon whom process may be served : Provided, that any foreign corporation 
having no process agent in this state, but having an agent who collects money 
for it, said agent shall be deemed a process agent within the terms of this section, 
and that this proviso shall apply to existing claims as well as those arising here- 
after. Such service can be made in respect to a foreign corporation only when it 
has property, or the cause of action arose, or the plaintiff resides in this state, or 
when it cannot be made personally within the state upon the president, treasurer, 
or secretary thereof. 

Rev., s. 1448; 1907, c. 473; Ex. Sess. 1920, c. 28. 

SUBCHAPTER IV. RECORDERS' COURTS 

Art. 18. Municipal Recorders' Courts 

1562(a). Extension of jurisdiction. In any city or town within the state of 
North Carolina, having a population of five thousand inhabitants or more, where 
there is now maintained a, recorder's court under and by virtue of the law, or in 
which a recorder's court may be hereafter established and maintained, it shall be 
lawful for the governing body of any such, city or town, and the board of county 
commissioners of the county in which such city or town shall be located, to extend 
the jurisdiction of the recorder's court in such city or town to the township in 
which such city or town is located, in the manner described in the following sections. 
1921, c. 216, s. 1. 

1562(b). Meeting of town and county authorities. Election. Whenever the 
governing body of any city or town, as described in the foregoing section, and the 
board of county commissioners of the county in which the same shall be located, 
shall desire to extend the jurisdiction of the recorder's court in such city or town 
to include the whole township, as set forth in the foregoing section, the mayor of 
such city or town and the chairman of such board of county commissioners shall 
call a joint meeting of the two boards, to be held at any place within such town- 
ship as they may agree upon, and if a majority of each of such boards, at such 
meeting, shall by a joint resolution vote in favor of the extension of the jurisdiction 
of the recorder's court as herein described, then at such joint meeting the govern- 
ing body of the town or city, and the board of county commissioners of the county, 
shall pass a joint resolution calling an election, submitting to the voters of the 
entire township the question of the extension of said municipal court, and that 
election shall be conducted by the county commissioners as in the case of county 
recorders' courts; the result of the election shall be recorded in the minutes of the 
county commissioners and certified to and recorded in the minutes of the govern- 
ing body of the town or city; that the form of the ballot shall be "For extension 
of municipal court," and "Against municipal court," and if by such election such 
resolution is adopted it shall have the effect of conferring upon the recorder's 

93 



1562(c) COTTKTS— Art. 19 Ch. 27 

court in such city or town the same powers, authority, and jurisdiction as to 
offenses or crimes committed within the township in which such city or town is 
located as such court would have had if the same had been committed in such 
city or town: Provided, however, that the extension of the jurisdiction of such 
recorder's court as herein described shall not have the effect of in any way ex- 
tending or affecting in any manner whatsoever any ordinance or other law per- 
taining exclusively to such city or town. 
1921, c. 216, s. 2. 

1562(c). Police powers. Whenever the jurisdiction of any recorder's court 
shall have been extended as described in this law, such action shall thereupon confer 
upon the police officers of such city or town the same powers and authority in 
making arrests for crimes and offenses committed anywhere within the township 
in which such city or town shall be located, as is now or may hereafter be conferred 
upon sheriffs or their deputies within their respective counties. 

1921, c. 216, s. 3. 

1562(d). Resolution for extension filed with each board as records. When- 
ever the governing board of any city or town and the county commissioners of the 
county shall have adopted the resolution extending the jurisdiction of the re- 
corder's court as described in this law, a copy of such resolution duly signed by 
the mayor and clerk of such city or town, and the chairman and clerk of such 
board of county commissioners, shall be duly filed with each board, and shall be 
kept and maintained as a part of their official records. 

1921, c. 216, s. 4. 

Art. 19. County Recorders' Courts 

1563. Established by county commissioners. In any county in which a munici- 
pal recorder's court may not be established under the provisions of this sub- 
chapter, or in which such court has in fact not been established in the county-seat, 
the board of commissioners may, in their discretion, establish a recorder's court 
for the entire county, which shall be a court of record and shall be held at the 
county-seat. 

1919, c. 277, s. 25; 1921, c. 110, s. 1. 

1564. Recorder's election, qualification, and term of office. The court shall 
be presided over by a recorder, who shall have the same qualifications as provided 
for recorders of municipalities. The first recorder shall be elected by the board 
of commissioners of the county, either at the time of the establishment of the 
court or within thirty days thereafter, and shall hold the office until the first Mon- 
day in December after the next regular election wherein county officers are elected, 
and until his successor shall be duly elected and qualified ; and should a vacancy 
occur in said office at any time, the same shall be filled by the election of a suc- 
cessor with the qualifications herein provided, for the unexpired term, by the board 
of county commissioners at a regular or special meeting called for that purpose. 
The successor of the first recorder herein provided for and each succeeding 
recorder shall be nominated and elected in the county in the same manner and at 

94 



1570(a) COUKTS— Art. 19 Oh. 27 

the same time as is now provided by law for the nomination and election of the 
elective officers of the county and in the general election for such elective officers. 
Before entering upon the duties of his office the recorder shall take and subscribe 
an oath of office as is now provided by law for justices of the peace, and sball file 
the same with the clerk of the superior court of the county, who shall duly record 
the same in a book kept for that purpose. The recorder's salary shall be fixed in 
advance by the board of commissioners, and paid out of the county funds upon 
vouchers, and shall not be increased or decreased during his term. 
1919, c. 277, s. 25; 1921, c. 110, s. 2. 

1569. Removal of cases from justices' courts. When, upon written request 
made before entering on the trial of any cause before any justice of the peace, 
it shall appear proper for the cause to be removed for trial to some other justice, 
as is now provided by law, the cause may be removed for trial to the recorder's 
court of the county. 

1919, c. 277, s. 28; 1921, c. 110, s. 3. 

1570. Defendants bound by justice; to recorder's court. In all criminal cases 
heard by a justice of the peace or other committing magistrate of the county 
against any person for any offense included within the exclusive jurisdiction of 
the recorder's court as provided in this article, and in which probable cause of 
guilt is found, such person shall be bound in a personal recognizance or surety 
to appear at the next succeeding session of the recorder's court of the county, 
for trial ; and in default of such surety such person shall be committed to the 
common jail of the county to await a trial : Provided, that in the event any justice 
of the peace or other committing magistrate shall bind over to the superior court 
any person accused of a crime within the jurisdiction of the county recorder's 
court, the clerk of the superior court shall, upon his own motion, transfer all 
papers in the case to the recorder's court, and the case shall then stand for trial 
at the next succeeding term of said recorder's court as if the defendant had been 
bound over to the recorder's court in the first instance : and Provided further, that 
in the event any justice of the peace or other committing magistrate shall bind over 
to the recorder's court any person charged with an offense beyond the jurisdiction 
of said court, the said recorder shall cause the accused person to enter into a new 
bond with sufficient surety for his appearance at the next succeeding term of the 
superior court of the county, and shall transmit all papers in the case to the 
said superior court, but this shall be done without additional cost to the accused 
person. 

1919, c. 277, s. 29; 1921, c. 110, s. 4. 

1570(a). Notice to accused of transfer. Trial. Obligation of bond. When- 
ever the clerk of the superior court shall transfer the papers in any case from the 
superior court to a county recorder's court, he shall at the same time issue a notice 
to the accused person and his surety, informing them that the cause has been so 
transferred and requiring accused person to appear at the next succeeding term 
of said recorder's court for trial, and, upon the service of said notice upon the 
accused person and his surety, at least five days before the beginning of the next 
succeeding term of the recorder's court, the case shall stand for trial at said term 

95 



1571 COURTS— Art. 22 Ch. 27 

and the bond given by the accused person for his appearance at the next term of 
the superior court shall in all respects be valid and binding to compel the appear- 
ance of the accused person at the said next succeeding term of said recorder's 
court, and in case said notice is not served on the accused person and his surety 
at least five days before the beginning of the next succeeding term of the recorder's 
court, then the case shall not be tried without the consent of the accused person 
until the following term of the recorder's court. 
1921, c. 110, s. 5. 

1571. Trials upon warrants; by whom warrants issued. All trials of criminal 
causes in said court shall be upon warrant issued by the clerk of the superior 
court or deputy clerk herein provided for or by the recorder or by any justice 
of the peace of the county. In either event such warrant shall be issued upon 
affidavit duly made and subscribed, setting forth the complaint against the de- 
fendant : Provided, the recorder shall have authority to amend the warrant and 
to allow amendment of the affidavit at any time before judgment. 

1919, c. 277, s. 30; 1921, c. 110, s. 6. 

1582(a). Abolition of Cherokee county court. The recorder's court for Cher- 
okee county is hereby abolished. 
1923, c. 40, s. 2. 

Akt. 22. Civil Jurisdiction of Recorders' Courts 

1589. Civil jurisdiction may be conferred. The board of county commis- 
sioners of any county in which there is a city or town with a population of not 
less than ten thousand nor more than twenty-five thousand inhabitants, in which 
there has been established a recorder's court, under the provisions of this sub- 
chapter, or in which there is a recorder's court established by law, may confer 
upon such recorder's court jurisdiction to try and determine civil actions, as 
hereinafter provided, wherein the party plaintiff or defendant is a resident of such 
county, or is doing business in the county. Such jurisdiction may be conferred by 
resolution by the board of county commissioners of the county, entered, upon their 
minutes, and the board of county commissioners of any county may likewise confer 
civil jurisdiction on the county recorder's court to try and determine civil actions 
as hereinafter provided wherein one or more of the parties, plaintiff or defendant, 
is a resident of said county or is doing business therein. 

1919, c. 277, s. 47; 1921, c. 110, s. 7. 

1590. Extent of jurisdiction. The jurisdiction of such municipal and county 
recorders' courts in civil actions shall be as follows: (a) Jurisdiction concurrent 
with that of the justices of the peace within the county; (b) jurisdiction concurrent 
with the superior court in all actions founded on contract, wherein the amount 
involved exclusive of interest and costs does not exceed one thousand dollars; (e) 
jurisdiction concurrent with the superior court in actions not founded upon con- 
tract wherein the amount involved exclusive of interest and costs does not exceed 
the sum of five hundred dollars. 

1919, c. 277, s. 48; 1921, c. 110, s. 8. 

96 



1598(a) COURTS— Art. 22 Ch. 27 

1591. Procedure in civil actions. The rules of practice, issuing and serving 
process, and filing pleadings shall conform, as near as may be, to the practice in 
the superior court: Provided, it shall not be necessary to file written pleadings 
in any action of which justices of the peace now have jurisdiction. The process 
shall be returnable directly to the court; and no civil process shall be issued by 
any recorder's court to any county other than that in which the court is located. 

1919, c. 277, s. 56; 1921, c. 110, s. 9. 

1592. Trial by jury in civil actions. In all civil actions the parties shall be 
deemed to have waived a trial by jury unless demand for such trial is made 
before the trial begins. The demand shall be in writing and signed by the party 
making it, or his attorney^ and accompanied by a deposit of five dollars to insure 
the payment of the jury tax : Provided, such demand shall not be used to the 
prejudice of the party making it. 

1919, c. 277, s. 49; 1921, c. 110, s. 10. 

1596. Appeals to superior court. Appeals may be taken from the recorder's 
court to the superior court of the county in term time, for errors assigned in 
matters of law, in the same manner as now provided for appeals from the superior 
court to the supreme court, with the exception that the record may be typewritten 
instead of printed, and only one copy thereof shall be required. The time for 
taking and perfecting appeals shall be counted from the end of the term. Upon 
such appeal the superior court may either affirm or modify the judgment of the 
recorder's court, or remand the cause for a new trial. From the judgment of the 
superior court an appeal may be taken to the supreme court : Provided, that 
appeals from a county recorder's court to the superior court of the said county 
shall be tried de nova in the superior court. 
1919, c. 277, ss. 53, 54; 1921, c. 110, s. 11. 

1598. Enforcement of judgments. Orders to stay execution shall be the same 
as in appeals from the superior court to the supreme court. Judgments of the 
recorder's court may be enforced by executions issued by the clerk thereof, 
returnable within twenty days. Transcripts of such judgments may be docketed 
in the superior court, as now provided for judgments of justices of the peace; 
and the judgment, when docketed, shall in all respects be a judgment of the 
superior court as if rendered by such court, and shall be subject to the same 
statute of limitations and the statutes relating to revival of executions : Provided, 
that a judgment of the recorder's court shall not be a lien upon real estate until 
docketed in the superior court. 

1919, c. 277, s. 55; 1921, c. 110, s. 12. 

1598(a). Fees taxed when county officer on salary. Recorder's court fund. 

In cases in which the recorder or judge and the solicitor of the county recorders' 
courts shall be paid salaries, in lieu of fees for such recorder or judge or solicitor, 
the clerk of the recorder's court shall tax against the defendant who is convicted, 
or who confesses his guilt, or upon whom judgment is suspended in said court 
in cases originally within the; jurisdiction of the justice of the peace a tax fee of 
three dollars in each case, and in all other cases within the jurisdiction of the said 

7 97 



1599 COURTS— Arts. 23, 21 Ok 27 

recorder's court a tax fee of six dollars, and these several sums when collected shall 
be paid over by said clerk to the treasurer or financial agent of the county, to be 
kept by him as a separate and distinct fund to be known as the recorder's court 
fund. This fund shall be used only in paying the salary of the recorder and 
prosecuting attorney of said court, and the other expenses of the court. In all 
civil actions the clerk shall tax against the losing party the sum of three dollars 
in cases originally within the jurisdiction of the justice of the peace, and the sum 
of six dollars in all other cases, and all sums so collected shall be disposed of as 
above provided for tax fees in criminal actions. 
1921, c. 110, s. 13. 

Art. 23. Elections to Establish Recorders' Courts 

1599. Election required. The courts provided fon in this subchapter shall be 
established upon elections held as set forth in this article, except county recorders' 
courts which may be established by the county commissioners of any county without 
a popular vote. 

1919, c. 277, s. 58; 1921, c. 110, s. 14. 

1605. County recorders' courts. (Repealed by Public Laws 1921, Chapter 
110, section 15.) 

1608. Certain districts and counties not included. This subchapter shall not 
apply to the tenth, except as to Granville county, fifteenth, except as to J reded 
county, sixteenth, seventeenth, eighteenth, nineteenth, and twentieth judicial 
districts, except as to Cherokee, Jackson, Haywood, and Swain counties, nor to 
the eleventh district, except to the county of Caswell; nor shall it apply to the 
counties of Anson, Chatham, Columbus, Halifax, Hyde, Johnston, New Hanover, 
Pitt, Polk, Madison, and Robeson. 

1919, c. 277, s. 64; 1921, c. 110, s. 16; Ex. Sess. 1921, cc. 59, 80; 1923, cc. 19, 40. 

SUBCHAPTER V. GENERAL COUNTY COURTS 

Art. 24. Establishment,, Organization and Jurisdiction 

1608(f). Establishment authorized. Official entitlement. Jurisdiction. In 

each county of this state there may be established a court of civil and criminal 
jurisdiction, which shall be a court of record and ■ which shall be maintained 
pursuant to this subchapter and which court shall be called the general county , 
court and shall have jurisdiction over the entire county in which said court may be 
established. 

1923, c. 216, s. 1. 

1608(g). Judge; election, term of office, vacancy in office, qualification, salary, 
office. The court shall be presided over by the judge, who may be a licensed 
attorney at law, and at the time of his election he shall be a qualified elector in 
the county. The first judge of the court upon the establishment of said court 
shall be elected by the board of county commissioners within thirty days after 

98 



1608(j) COURTS— Art. 24 Ck 27 

the establishment of said court, and he shall hold his office until January first, 
following the next general election of county officers and until his successor is 
elected and qualified. If a vacancy occurs in the office of judge of said court, 
the same shall be filled by the election of a successor for the unexpired term by 
the board of county commissioners. After the first elected judge by the board of 
county commissioners, each succeeding judge shall be elected by a vote of the 
qualified electors of the county at the next general election before the expiration 
of the term of office and when other county officers are elected, and shall hold 
his office for a term of four years beginning January first following his election, 
and until his successor is elected and qualified. Before entering upon the duties 
of his office, the judge shall take and subscribe an oath of office, as is now provided 
by law for justices of the peace, and he shall file the same with the clerk of the 
superior court of the county. The salary of said judge shall be fixed by the board 
of commissioners of the county, and shall not be less than thirty-six hundred 
dollars, and it shall not be increased or decreased during the term of office, and it 
shall be paid monthly out of the funds of the county. The judge shall reside in 
the county and shall be provided by the county commissioners with an office at 
the county-seat. The terms of said court shall be held in the courthouse, but they 
shall at no time inconvenience or discommode .the superior court of the county 
while the superior court in term is using the courthouse. The judge of the general 
county court, herein provided for, shall not practice law in any of the courts of 
this state. 

1923, c. 216, s. 2. 

1608(h). Terms of court. The court shall open for the transaction of busi- 
ness and trial of causes the first Monday of each month and continue until all 
matters before the court are disposed of. 

1923, c. 216, s. 2. 

1608 (i). Prosecuting officer; duties, election, salary, etc. There shall be a 
prosecuting attorney of the general county court, to be known officially as prose- 
cutor, who shall appear for the state and prosecute in all criminal cases being 
tried in said court, and for his services he shall be paid such salary, not less than 
one thousand dollars annually, as may be fixed by the board of county commis- 
sioners. He shall be elected by the board of county commissioners for the first 
term as herein provided for the election of the judge, and thereafter by the quali- 
fied electora of the county in the same manner as is provided herein for the elec- 
tion of the judge; and vacancies in the office of the prosecutor shall be filled by 
the board of county commissioners as they are herein authorized to fill vacancies in 
the office of judge. If requested to do so by the judge, the prosecutor shall repre- 
sent the county in prosecution of criminal appeals from this court in the 
superior court. The salary of the prosecutor shall be paid monthly out of the 
county funds. 

1923, c. 216, s. 3. 

1608 (j). Superior court clerk as clerk ex officio; salary, bond, etc. The clerk 
of the superior court of the county shall be ex officio clerk of the general county 

99 



1608 (k) COURTS— Art. 24 Oh. 27 

court, herein provided for, and in addition to the salary and fees paid him as 
clerk of the superior court, he shall be paid such additional compensation as the 
county comimissioners of the county may fix, to be paid monthly out of the 
county funds. The said clerk shall be liable upon his official bond for the dis- 
charge of his duties and caring for funds paid to him to the same extent as he is 
bound as clerk of the superior court. 
1923, c. 216, s. 4. 

1608 (k). Sheriff; duties; additional allowance. The sheriff of the county or 
his deputy appointed shall attend upon the terms of this court in the same man- 
ner and with the same power and authority as he does and has in attendance 
upon the superior courts of the county. The county commissioners of the county 
are authorized to make said sheriff such additional allowance as they may fix 
for such services in addition to his salary and fees fixed by law. 

1923, c. 216, s. 5. 

1608(1). Separate records to be kept by clerk; blanks, books and stationery. 

The clerk of the said general county court shall keep separate records, criminal 
and civil, for the use of said court, to be furnished by the county commissioners, 
and they shall also provide all such necessary blanks, forms, books and stationery 
as may be needed by said court. And the said clerk shall keep the same in his 
office of clerk of the superior court. 
1923, c. 216, s. 6. 

1608 (m). Criminal jurisdiction, extent. The general county court, herein 
provided for, shall have the following jurisdiction in criminal actions within the 
county : 

1. Original, exclusive and concurrent jurisdiction, as the case may be, of all 
offenses within said county which are now or may hereafter be given to justices 
of the peace under the constitution and general laws of the state, including all 
offenses of which mayors of towns or other municipal courts now have jurisdiction. 

2. Original and concurrent jurisdiction with justices of the peace to hear and 
bind over to the superior court all persons charged with any crime within the 
territory of the general county court, and of which said court is not herein given 
final jurisdiction. 

3. To punish for contempt to the same extent and in the manner allowed by 
law to the superior courts of this state; to issue writs ad testificandum and other 
process to compel the attendance of witnesses and to enforce the orders and judg- 
ments of the court in the same manner allowed by law to the superior courts of 
this state. 

4. The general county court shall have jurisdiction in all criminal cases arising 
in the county which are now or may hereafter be given to a justice of the peace, 
and in addition thereto shall have exclusive original jurisdiction of all other 
criminal offenses committed in the county below the grade of a felony as now 
defined by law, and the same are hereby declared to be petty misdemeanors. In all 
criminal cases heard by a justice of the peace or other committing magistrate of the 
county against any person for any offense included within the exclusive juris- 

100 



1608 (q) COURTS— Art. 24 Oh. 27 

diction of the general county court, as herein provided for, and in which probable 
cause of guilt is found, such person shall be bound in a personal recognizance, or 
surety, to appear at the next first Monday of the month next succeeding before the 
general county court for trial, and in default of surety such person shall be com- 
mitted to the county jail to await trial. 
1923, c. 216, s. 13. 

1608 (n). Civil jurisdiction, extent. The jurisdiction of the general county 
court in civil actions shall be as follows : 

1. Jurisdiction concurrent with that of the justices of the peace of the county; 

2. Jurisdiction concurrent with the superior court in all actions founded on 
contract ; 

3. Jurisdiction concurrent with the superior court in all actions not founded 
upon contract ; 

4. Jurisdiction concurrent with the superior court in all actions to try title to 
lands and to prevent trespass thereon and to restrain waste thereof; 

5. Jurisdiction concurrent with the superior court in all actions pending in 
said court to issue and grant temporary and permanent restraining orders and 
injunctions. 

1923, c. 216, s. 14. 

1608 (o). Election, requirement of. The general county court, herein pro- 
dded for, shall be established upon elections as set forth in this article. 
1923, c. 216, s. 20. 

1608 (p). Resolution by county commissioners; time for election; ballots. 

The board of commissioners of the county shall pass a resolution, if in their judg- 
ment such court should be established, reciting such fact and calling an election 
at a date to be fixed, which shall not be less than thirty days nor more than sixty 
days from the passage of the resolution, at which election there shall be sub- 
mitted to the qualified voters of the county the question of establishing such court. 
At such election all qualified voters favoring the establishment of such court 
shall vote a ballot upon which shall be printed or written the words "For General 

County Court for County," and those opposing the establishment of such 

court shall vote a ballot upon which shall be printed or written the words "Against 

General County Court for County." 

1923, c. 216, s. 21. 

1608 (q). Notice of election; publication. Notice of such election shall be 
given at least thirty days prior to the day of election, signed by the chairman of 
the board of county commissioners and containing in substance the resolution 
passed by the board, the date of the election and a reference to the act creating 
the court, and which notice shall be published once a week for four successive 
weeks prior to said election in some newspaper published in the county and a 
copy thereof shall be posted at the courthouse door. 
1923, c. 216, s. 22. 

101 



1608 (r) COURTS— Art. 25 Ch. 27 

1608 (r). Law governing elections; election officers; registration. Any elec- 
tion held under the provisions of this law shall be conducted in the same manner 
as is now or may hereafter be prescribed by law for holding elections for the 
members of the general assembly, except as herein other wise stated. The board 
of county commissioners shall appoint the registrars and judges of election and 
any other election officers necessary for holding said election, and registration and 
challenge of voters shall be conducted in the same manner as is now or may 
hereafter be provided for election of the members of the general assembly, except 
as herein set forth. The said board of county commissioners may or may not, in 
their discretion, order a new registration for any election held under this law. 
In case no new registration is ordered the registration books of each voting pre- 
cinct shall be kept open for twenty days prior to the election for the purpose of 
allowing electors to register who have not theretofore registered in the township, 
or voting precinct, of their residence, and who are entitled to register for said 
election ; and the registration books shall close on Saturday next preceding the 
election and the registrar shall transcribe the names of all persons who have regis- 
tered for former elections in their township, or voting precincts, and are other- 
wise qualified electors at said election upon a new registration book. The regis- 
trars are authorized and directed to register any person legally qualified and en- 
titled to vote in their respective townships or voting precincts who apply for such 
purpose, in the same manner and under the same rules and regulations now or 
hereafter may be provided for registering electors for the general election in said 
county. 

1923, c. 216, s. 23. 

1608 (s). Count and return of votes; canvass of returns; effect; expense. 
The vote cast at said election shall be counted at the close of the polls by the elec- 
tion officers and returned to the clerk of the said board of county commissioners 
of said county by a member of said election officers on the second day next suc- 
ceeding the day of said election ; and the said board of county commissioners, 
at their next regular meeting, or at a called meeting, shall tabulate and declare the 
result of the election, all of which shall be recorded in the minutes of said board 
of county commissioners, and no other recording and declaring of the result of 
said election shall be necessary. If a majority of the votes cast at said election 
is declared in favor of such court, it shall be established, and not otherwise. The 
expenses of said election shall be paid by the county commissioners out of the 
county fund. 

1923, c. 216, s. 24. 

Art. 25. Practice and Procedure 

1608 (t). Procedure in civil actions; return of process. The rules of procedure, 
issuing process and filing pleadings shall conform as near as may be to the prac- 
tice in the superior courts. The process shall be returnable directly to the court, 
and no civil process except subpoenas, shall issue out of the court to any county 
other than that in which the court is located. 

1923, c. 216, s. 7. 

102 



1608(y) COUETS— Art. 25 Ch.27 

1608 (u). Trial by jury in civil actions; waiver; deposit for jury fee. In 

all civil actions the parties shall be deemed to have waived a jury trial unless de- 
mand shall be made therefor before the trial begins. The demand shall be in 
writing and signed by the party making it, or by his attorney, and accompanied 
by a deposit of three dollars to insure the payment of the jury tax : Provided, such 
demand shall not be used to the prejudice of the party making it. 
1923, c. 216, s. 8. 

1608(v). Continuance if jury demanded; drawing of jury; list. If a jury 
trial is demanded, the judge shall continue the case until a day to be set, and the 
judge, together with the attorneys for all parties, shall proceed to the office of 
the register of deeds of the county and cause to be drawn a jury of eighteen 
men, observing as nearly as may be the rule for drawing a jury for the superior 
court. The judge shall issue the proper writ to the sheriff of the county com- 
manding him to summon the jurors so drawn to appear at the court on the day 
set for the trial of the action. It shall be the duty of the register of deeds to 
prepare a list of jurors for this the general county court identical with the list 
prepared for the superior court, and the jury shall be drawn out of the box contain- 
ing such list. 

1923, c. 216, s. 9. 

1608 (w). Talesmen; challenges. The judge shall have the right to call in 
talesmen to serve as jurors according to the practice of the superior court as 
nearly as the same is applicable, and to direct the sheriff to summon a sufficient 
number of talesmen to serve during any one week for the proper dispatch of the 
business of the court. 
1923, c. 216, s. 10. 

1608 (x). Process; authentication;, service; return. All civil summons in 
actions begun in the general county court shall be served at least ten days before 
the return day named therein, and shall be returnable on the first Monday of the 
month next succeeding the issue thereof, unless the same be issued within less than 
ten days before the first Monday of the month next succeeding its issuing, in which 
event it shall be made returnable on the first Monday of the second succeeding 
month next after the date of the issue thereof; and when the summons shall be 
issued more than ten days before the first Monday of the month next succeeding 
its issuing, and shall be executed by the proper officer within less than ten days of 
the return day named therein, it shall be returned as if executed in proper time, 
and the case placed on the summons docket and continued to the first Monday of 
the month next succeeding the return day thereof, at which time it shall be treated 
in all respects as if that had been the return day named therein. The summons 
shall run in the name of the state, be signed by the clerk of the court in which the 
action is brought, and shall be directed to the sheriff or other proper officer of the 
county. 

1923, c. 216, s. 11. 

1608 (y). Pleadings; time for filing. The complaint shall be filed by the re- 
turn day named in the summons, and the answer, demurrer, or other pleading on 
the part of the defendant shall be filed by the first Monday .of the month follow- 

103 



1608 (z) COURTS— Art. 25 ■ Ch. 27 

ing the filing of the complaint. For good cause the judge may extend the time 
of filing pleadings. 
1923, c. 216, s. 12. 

1608 (z). Appeal to superior court; cases bound over to superior court. Any 

person convicted of any offense of which the general county court has final juris- 
diction may appeal to the superior court of the county from any judgment or 
sentence of the court in the same manner as is now provided for appeals from 
justices of the peace ; and any person tried before the general county court for any 
offense of which said court has not final jurisdiction shall, if probable cause be 
found, be bound over to the superior court in the same manner as is provided 
by law in similar cases before a justice of the peace. The judge may, upon proper 
affidavit, issue criminal warrants returnable before him in or out of term. All 
persons convicted in said court may be sentenced to the roads, or county farms, or 
jail, as the judge may determine. 
1923, c. 216, s. 15. 

1608 (aa). Amendments in pleadings and warrants. The judge shall have 
power in his discretion to allow amendments in pleadings and warrants, to the 
same extent as is allowed in the superior courts of the state. 
1923, c. 216, s. 16. 

1608 (bb). Jury trials, conduct of. The jury in the general county court 
shall be a jury of twelve and the trial shall be conducted as nearly as possible as 
in the superior court. 
1923, c. 216, s. 17. 

1608(cc). Appeals to superior court in civil actions; time; record; judgment; 
appeal to supreme court. Appeals in civil actions may be taken from the general 
county court to the superior court of the county in term time for errors assigned 
in matters of law in the same manner as is now provided for appeals from the 
superior court to the supreme court, with the exception that the record may be 
typewritten instead of printed, and only two copies shall be required, one for the 
court and the other for the counsel. The time for taking and perfecting appeals 
shall be counted from the end of the term of the general county court at which 
such trial is had. Upon such appeal the superior court may either affirm or modify 
the judgment of the general county court, or remand the cause for a new trial. 
From the judgment of the superior court an appeal may be taken to the supreme 
court as is now provided by law. 
1923, c. 216, s. 18. 

1608 (dd). Enforcement of judgments; stay of execution, etc. Orders to stay 
execution on judgments entered in the general county court shall be the same as 
in appeals from the superior court to the supreme court. Judgments of the general 
county court may be enforced by execution issued by the clerk thereof, returnable 
within twenty days. Transcripts of such judgments may be docketed in the 
superior court as now provided for judgments of justices of the peace, and the judg- 
ment when docketed shall in all respects be a judgment of the superior court in 
the same manner and to same extent as if rendered by the superior court, and 
shall be subject to the same statutes of limitations and the statutes relating to the 
revival of judgments in the superior court and issuing executions thereon. 
1923, c. 216, s. 19. 

104 



CHAPTER 30 

DIVORCE AND ALIMONY 

1659. Grounds for absolute divorce. Marriages may be dissolved and the 
parties thereto divorced the bonds of matrimony, on application of the party 
injured, made as by law provided, in the following cases : 

1. If the husband or wife commits adultery. 

2. If either party at the time of the marriage was and still is naturally 
impotent. 

3. If the wife at the time of the marriage is pregnant, and the husband is 
ignorant of the fact of such pregnancy and is not the father of the child with 
which the wife was pregnant at the time of the marriage. 

4. If there has been a separation of husband and wife, and they have lived 
separate and apart for five successive years, and the plaintiff in the suit for 
divorce has resided in this state for that period. 

Rev., s. 1561; Code, s. 1285; 1871-2, c. 193, s. 35; 1879, c. 132; 1887, c. 100; 1889, c. 442; 
1899, c. 29; 1903, c. 490; 1905, c. 499; 1907, c. 89; 1911, c. 117; 1913, c. 165; 1917, cc. 25, 57; 
1921, c. 63. 

1667. Alimony without divorce. If any husband shall separate himself from 
his wife and fail to provide her and the children of the marriage with the neces- 
sary subsistence according to his means and condition in life, or if he shall be a 
drunkard or spendthrift, or be guilty of any misconduct or acts that would be or 
constitute cause for divorce, either absolute or from bed and board, the wife may 
institute an action in the superior court of the county in which the cause of action 
arose to have a reasonable subsistence and counsel fees allotted and paid or secured 
to her from the estate or earnings of her husband. Pending the trial and final 
determination of the issues involved in such action, and also after they are de- 
termined, if finally determined, in favor of the wife, such wife may make appli- 
cation to the resident judge of the superior court, or the judge holding the superior 
courts of the district in which the action is brought, for an allowance for such 
subsistence and counsel fees, and it shall be lawful for such judge to cause the 
husband to secure so much of his estate or to pay so much of his earnings, or both, 
as may be proper, according to his condition and circumstances, for the benefit of 
his said wife and the children of the marriage, having regard also to the separate 
estate of the wife. Such application may be heard in or out of term, orally or 
upon affidavit, or either or both. E"o order for such allowance shall be made 
unless the husband shall have had five days notice thereof ; but if the husband 
shall have abandoned his wife and left the state, or shall be in parts unknown, or 
shall be about to remove or disposed of his property for the purpose of defeating 
the claim of his wife, no notice shall be necessary. The order of allowance herein 
provided for may be modified or vacated at any time, on the application of either 
party or of any one interested. In actions brought under this section, the wife 
shall not be required to file the affidavit provided in section 1661, but shall verify 

105 



1667 DIVOECE AND ALIMONY Ch. 30 

her complaint as prescribed in the case of ordinary civil actions : Provided, that 
the allowances for counsel fees shall not apply to litigation pending March 4, 1921 : 
Provided further, that in all applications for alimony under this section it shall be 
competent for the husband to plead the adultery of the wife in bar of her right 
to such alimony, and if the wife shall deny such plea, and the issue be found 
against her by the judge, he shall make no order allowing her any sum whatever 
as alimony, or for her support, but only her reasonable counsel fees. 

Rev., s. 1567; Code, s. 1292; 1919, c. 24; 1871-2, e. 193, s. 39; 1921, c. 123; 1923, c. 52. 



106 



CHAPTER 31 
DOGS 

Art. 2. License Taxes ox Dogs 

1674. License tags; optional with county commissioners. To every person 
paying the license or privilege tax prescribed in the preceding section there shall 
be issued by the sheriff a metal tag bearing county name, a serial number, and 
expiration date, which shall be attached by owner to a collar to always be worn by 
any dog when not on premises of the owner or when engaged in hunting. The 
superintendent of public instruction shall at all times keep on hand a supply of 
tags to be furnished the sheriffs of the several counties. Provided, that the county 
commissioners of each county shall, by order duly made in regular session, make 
an order determining whether the collar and tag shall be applied to that county. 
1919, c. 116, s. 2V 2 ; Ex. Sess. 1920, c. 37. 

1684(a). Counties excepted from operation of article. This article shall not 
apply to the counties of Haywood, Yancey, Cherokee, Madison and Jackson. All 
dog taxes collected in said counties and .not disbursed on February 27, 1929, shall 
be prorated among those having bona fide claims against said fund, and the 
balance, if any, paid over to the school fund of the county. 
1923, c. 84, ss. 2, 3. 

Art. 3. Special License Tax on Dogs 

1685. Nothing in this article abrogated by Art. 2 ; special tax an additional tax. 

Nothing contained in Article 2 of this chapter shall have the effect of abrogating 
any of the provisions of this article, and the special license tax on dogs provided 
for under this article shall be in addition to the license tax on dogs provided for 
under Article 2 of this chapter : Provided that Article 2 shall not be construed 
as repealing any existing ordinance of any city or town or any ordinance of any 
city or town hereafter enacted, regulating the keeping or use of dogs in cities and 
towns. 

1919, c. 116, s. 11; Ex. Sess. 1920, c. 53 v 



107 



CHAPTER 32 
ELECTRIC, TELEGRAPH, AND POWER COMPANIES 

Art. 1. Acquisition and Condemnation of Property 

1698. Grant of eminent domain; exception as to mills and water-powers. Such 
telegraph, telephone, electric power or lighting company shall be entitled, upon 
making just compensation therefor, to the right of way over the lands, privi- 
leges and easements of other persons and corporations, and to the right to erect 
poles and towers, to establish offices, and to take such lands as may be necessary 
for the establishment of their reservoirs, ponds, dams, works, railroads, or sidetracks, 
or power-houses, with the right to divert the water from such ponds or reservoirs 
and conduct the same by flume, ditch, conduit, waterway or pipe line, or in any 
other manner, to the point of use for the generation of power at its said power- 
houses, returning said water to its proper channel after being so used: Pro- 
vided, that the provision as to erection of towers shall not apply to any suit 
pending March 4, 1921, in any of the courts within the state of North Carolina. 
Nothing in this section authorizes interference with any mill or power plant 
actually in process of construction or in operation; or the taking of water- 
powers, developed or undeveloped, with the land adjacent thereto necessary for 
their development : Provided, however, that if the court, upon filing of the pe- 
tition by such electric power or lighting company, shall find that any mill, ex- 
cepting cotton mills now in operation, whether operated by water power or other- 
wise, together with the lands and easements adjacent thereto or used in connection 
therewith, is necessary for the development of any hydro-electric power plant in this 
state which is to be operated for the purpose of generating electric power for 
sale to the general public, and that said electric power or lighting company is 
unable to agree for the purchase of such property with the owners thereof, and 
that the failure to acquire such property will affect the ability of such electric power 
or lighting company to supply power to the general public, and that the taking 
of such mill will be greatly more to the benefit of the public than the continued 
existence of such mill, then the court, upon such finding, shall make an order 
authorizing the condemnation of such property and easements in all respects as 
in the cases of other property referred to in this section. Any provisions in 
conflict with this chapter in any special charters granted before January thirty- 
first, one thousand nine hundred and seven, in respect to the exercise of the right 
of eminent domain are repealed. 

Rev., s. 1573; Code, s. 2009; 1874-5, c. 203, s. 4; 1899, c. 64; 1903, c. 562; 1907, c. 74; 
1921 c. 115; 1923, c. 60. 






108 



CHAPTER 33 
EMINENT DOMAIN 

Art. 1. Right of Eminent Domain 

1706. By whom right may be exercised. The right of eminent domain may, 
under the provisions of this chapter, be exercised for the purpose of constructing 
their roads, canals, lines of wires, or other works, which are authorized by law 
and which involve a public use or benefit, by the bodies politic, corporations, or 
persons following: 

1. Railroads, street railroads, plankroad, tramroad, turnpike, canal, telegraph, 
telephone, electric power or lighting, public water supply, flume, or incorporated 
bridge companies. 

2. Municipalities operating water systems and sewer systems and all water 
companies operating under charter from the state or license from municipali- 
ties, which may maintain public water supplies, for the purpose of acquiring 
and maintaining such supplies. 

3. Persons operating or desiring to operate electric light plants, for the pur- 
pose of constructing and erecting wires or other necessary things. 

4. Public institutions of the state for the purpose of providing water supplies, 
or for other necessary purposes of such institutions. 

5. School committees of public school districts, public school committees of 
townships, county boards of education, boards of trustees or of directors of any 
corporation holding title to real estate upon which any public school, private 
school, high school, academy, university or college is situated, in order to obtain 
a pure and adequate water supply for such school, college or university. 

6. Any educational, penal, hospital or other institution incorporated or char- 
tered by the state of North Carolina, for the furtherance of any of its purposes, 
such institution being wholly or partly dependent upon the state for mainte- 
nance, and such institution shall be in need of land for its location, or such insti- 
tution shall be in need of adjacent land for necessary enlargement or extension, or 
for land for the building of a road or roads or a side-track for railroads, necessary 
to the proper operation and completion of any such institution, and shall so declare 
through its board of directors, trustees or other governing boards by a resolution 
inserted in the minutes at a regular meeting or special meeting called for that 
purpose, such institution shall have all the powers, rights and privileges of 
eminent domain given under this chapter, to condemn and procure such land, and 
shall follow the procedure established under this chapter. 

Rev., s. 2575; Code, s. 1698; R. C, c. 61, s. 9; 1852, c. 92, s. 1; 1874-5, c. 83, 1907, cc. 39, 
458, 783; 1911, c. 62, ss. 25, 26, 27; 1917, cc. 51, 132; 1923, c. 205. 



109 



CHAPTER 34 



ESTATES 



1744. Remainders to uncertain persons; procedure for sale; proceeds secured. 

In all cases where there is a vested interest in real estate, and a contingent re- 
mainder over to persons who are not in being, or when the contingency has not 
yet happened which will determine who the remaindermen are, there may be a 
sale of the property by a proceeding in the superior court, which proceeding shall 
be conducted in the manner pointed out in this section. Said proceeding may be 
commenced by summons by any person having a vested interest in the land, and all 
persons in esse who are interested in said land shall be made parties defendant 
and served with summons in the way and manner now provided by law for the 
service of summons in other civil .actions, as provided by section 479, and service of 
summons upon nonresidents, or persons whose names and residences are unknown, 
by publication as now required by law or such service in lieu of publication as now 
provided by law. In cases where the remainder will or may go to minors, or persons 
under other disabilities, or to persons not in being whose names and residences are 
not known, or who may in any contingency become interested in said land, but 
because of such contingency cannot be ascertained, the clerk of the superior court 
shall, after due inquiry of persons who are in no way interested in or connected 
with such proceeding, designate and appoint some discreet person as guardian ad 
litem, to represent such remainderman, upon whom summons shall be served as 
provided by law for other guardians ad litem, and it shall be the duty of such 
guardian ad litem to defend such actions, and when counsel is needed to represent 
him, to make this known to the clerk, who shall by an order give instructions as 
to the employment of counsel and the payment of fees. 

The court shall, if the interest of all parties require or would be materially 
enhanced by it, order a sale of such property or any part thereof for reinvest- 
ment, either in purchasing or in improving real estate, less expense allowed by 
the court for the proceeding and sale, and such newly acquired or improved 
real estate shall be held upon the same contingencies and in like manner as was 
the property ordered to be sold. Tbe court may authorize the loaning of such 
money subject to its approval until such time when it can be reinvested in real 
estate. And after the sale of such property in all proceedings hereunder, where 
there is a life estate, in lieu of said interest or investment of proceeds to which 
the life tenant would be entitled to, or to the use of, the court may in its discretion 
order the value of said life tenant's share during the probable life of such life 
tenant, to be ascertained as now provided by law, and paid out of the proceeds of 
such sale absolutely, and the remainder of such proceeds be reinvested as herein 
provided. 

The clerk of the superior court is authorized to make all orders for the sale of 
property under this section, and for the reinvestment or securing and handling of 
the proceeds of such sales, but no sale under this section shall be held until the 
same has been approved by the resident judge of the district, or the judge holding 
the courts of the district at the time said order of sale is made. 

The court may authorize the temporary reinvestment, pending final investment 
in real estate, of funds derived from such sale in coupon bonds of the United 

110 



1745 ESTATES Ch. 34 

States of America (commonly called Liberty Bonds) issued incident to the late 
war between the United States and the Imperial German Government; but in 
the event of such reinvestment, the commissioners, trustees or other officers 
appointed by the court to hold such funds shall hold the bonds in their possession 
and shall pay to the life tenant and owner of the vested interest in the lands 
sold only the interest accruing on and evidenced by the coupons attached to the 
bonds, and the principal of the bonds shall be held subject to final reinvestment 
and to such expense only as is provided in this section. Temporary reinvest- 
ments, as aforesaid, in liberty bonds heretofore made with the approval of the 
court of all or a part of the funds derived from such sales are ratified and declared 
valid. 

Rev., s.'l590; 1903, c. 99; 1905, c. 548; 1907, cc. 956, 980; 1919, c. 17; Ex. Sess. 1921, 
c. 88; 1923, c. 69. 

1745. Sales of contingent remainders validated. In all cases where property 
has been conveyed by deed, or devised by will, upon contingent remainder, execu- 
tory devise, or other limitation, where a judgment of a superior court has been 
rendered authorizing the sale of such property discharged of such contingent 
remainder, executory devise or other limitation in actions or special proceedings 
where all persons in being who would have taken such property if the contingency 
had then happened were parties, such judgment shall be valid and binding upon 
the parties thereto and upon all other persons not then in being : Provided, that 
nothing herein contained shall be construed to impair or destroy any vested right 
or estate. 

Rev., s. 1591; 1905, c. 93; 1923, c. 64. 



Ill 



CHAPTER 36 
FENCES AND STOCK LAW 

Akt. 3. Stock Law 

1864. Local: Depredations of domestic fowls in certain counties. In the coun- 
ties and parts of counties hereafter enumerated, where the stock law prevails, 
it shall be unlawful for any person to permit any turkeys, geese, chickens, ducks 
or other domestic fowls to run at large, after being notified as provided in this 
section, on the lands of any other person while such lands are under cultivation 
in any kind of grain or feedstuff, or while being used for gardens or ornamental 
purposes. 

Any person so permitting his fowls to run at large, after having been notified 
to keep them up, shall be guilty of a misdemeanor, and upon conviction shall be 
fined not exceeding five dollars or imprisoned not exceeding five days, or if it 
shall appear to any justice of the peace that after two days notice any person 
persists in allowing his fowls to run at large and fails or refuses to keep them 
upon his own premises, then the said justice of the peace may, in his discretion, 
order any sheriff, constable or other officer to kill said fowls when so depredating. 

Alamance, 1901, c. 645. 

Bladen, 1901, c. 645. 

Buncombe, 1907, c. 508. 

Burke, 1907, c. 508. 

Cabarrus, 1901, c. 645. 

Caldwell, P. L. 1911, c. 244. 

Cleveland, 1901, c. 645. 

Currituck, 1901, c. 645. 

Davidson, P. L. 1911, c. 244. 

Duplin, 1908, c. 73. 

Edgecombe, 1901, c. 645. 

Gaston, P. L. 1919, c. 31. 

Graham, 1901, c. 645. 

Granville, P. L. 1911, c. 244. 

Guilford, 1901, c. 645. 

Henderson, P. L. 1911, c. 636. 

Iredell, in Turnersburg Township, 1901, c. 645; in town of Statesville, 1903, c. 470. 

Jackson, P. L. 1919, c. 31. 

Lee, P. L. 1913, c. 725. 

Lenoir, P. L. 1911, c. 244. 

Macon, P. L. 1919, c. 31. 

Mecklenburg, 1901, c. 645. 

Onslow, P. L. 1911, c. 244. 

Orange, 1903, c. 115. 

Pasquotank, 1901, c. 645. 

Rowan, 1909, c. 847. 

Surry, 1901, c. 645. 

Swain, P. L. 1911, c. 244. 

Transylvania, P. L. 1911, c. 244. 

Tyrrell, P. L. Ex. Sess. 1921, c. 41. 

Vance, 1909, c. 619. 

Wayne, P. L. 1911, c. 244. 

Note. — Statutes more or less similar to the above exist in the following counties: 

112 



1864(c) FENCES AND STOCK LAW— Art. 3 Ch. 36 

Catawba, 1903, c. 482. 

Chatham, 1903, c. 482. 

Davie, P. L. 1915, c. 167. 

Forsyth, P. L. 1915, c. 39. 

Greene, 1907, c. 917; 1908, c. 78. 

Lincoln, P. L. 1915, c. 312. 

McDowell, P. L. 1917, c. 328. 

Pitt, P. L. 1915, c. 462. 

Randolph, P. L. 1913, c. 645. 

Robeson, P. L. 1917, c. 662. 

Scotland, P. L. 1915, c. 714. 

Wake, P. L. 1915, c. 378. 

Yadkin, P. L. 1915, c. 39; P. L. 1917, c. 321 (Deep Creek Township excepted). 

Yancey, P. L. 1913, c. 739 

1864(a). Eastern North Carolina, territory placed under stock law. Prom 
and after January first, one thousand nine hundred and twenty-two, all of that 
part of eastern North Carolina lying east of that branch of the Atlantic Coast 
Line Railroad running from Wilmington, North Carolina, northerly to the Virginia 
line and passing through Goldsboro, Wilson, and Weldon (formerly known as the 
Wilmington and Weldon Railroad), shall be and is hereby declared to be "stock 
law territory," and shall be subject to all of the provisions of sections one thousand 
eight hundred and forty-one to one thousand eight hundred and sixty-four, in- 
clusive: Provided, that that portion of North Carolina which borders the 
Atlantic Ocean and which is separated from the mainland by a body of water such 
as an inlet or sound, shall not be considered to fall within the provisions of this law. 
1921,0. 50, s. 1. 

1864(b). Counties divided by railroad. Wherever the railroad referred to 
in section 1864(a) shall divide a county so that a part of the county lies east 
and. a part west of the said railroad, then the whole of said county shall be "stock 
law territory," and under the provisions of this article from and after January 
first, one thousand nine hundred and twenty-two. 
1921, c. 50, s. 2. 

1864(c). Repeal of local laws or regulations. Sections 1864(a) and 1864(b) 
shall not be construed to repeal or change local laws or regulations regarding the 
subject-matter covered by those sections except so far as said local laws and 
regulations actually conflict with the provisions thereof and prevent the proper 
enforcement of said provisions, and the said local laws, rules, and regulations 
on the subject-matter similar to that covered by said sections shall remain in 
full force and effect, except as they do and until they do actually interfere with the 
enforcement of the said provisions. 
1921, c. 230. 



113 



CHAPTER 36(A) 

FIDUCIARIES 

1864(d). Short title. This law may be cited as the Uniform Fiduciaries Act. 
1923, c. 85, s. 14. 

1864(e). Definition of terms. 1. In this law unless the context or subject- 
matter otherwise requires : 

"Bank" includes any person or association of persons, whether incorporated 
or not, carrying on the business of banking. 

"Fiduciary" includes a trustee under any trust, expressed, implied, resulting or 
constructive, executor, administrator, guardian, conservator, curator, receiver, 
trustee in bankruptcy, assignee for the benefit of creditors, partner, agent, officer 
of a corporation, public or private, public officer, or any other person acting in a 
fiduciary capacity for any person, trust or estate. 

"Person" includes a corporation, partnership, or other association, or two or 
more persons having a joint or common interest. 

"Principal" includes any person to whom a fiduciary as such owes an obliga- 
tion. 

2. A thing is done "in good faith" within the meaning of this law when it is 
in fact done honestly, whether it be done negligently or not. 

1923, c. 85, s. 1. 

1864(f). Application of payments made to fiduciaries. A person who in good 
faith pays or transfers to a fiduciary any money or other property which the 
fiduciary as such is authorized to receive, is not responsible for the proper appli- 
cation thereof by the fiduciary; and any right or title acquired from the fiduciary 
in consideration of such payment or transfer is not invalid in consequence of a 
misapplication by the fiduciary. 
1923, c. 85, s. 2. 

1864(g). Registration of transfer of securities held by fiduciaries. If a fidu- 
ciary in whose name are registered any shares of stock, bonds or other securities 
of any corporation, public or private, or company or other association, or of any 
trust, transfers the same, such corporation or company or other association, or 
any of the managers of the trust, or its or their transfer agent, is not bound to 
inquire whether the fiduciary is committing a breach of his obligation as fiduciary 
in making the transfer, or to see to the performance of the fiduciary obligation, 
and is liable for registering such transfer only when registration of the transfer is 
made with actual knowledge that the fiduciary is committing a breach of his 
obligation as fiduciary in making the transfer, or with knowledge of such facts 
that the action in registering the transfer amounts to bad faith. 
1923, c. 85, s. 3. 

1864(h). Transfer of negotiable instrument by fiduciary. If any negotiable 
instrument payable or indorsed to a fiduciary as such is indorsed by the fiduciary, 
or if any negotiable instrument payable or indorsed to his principal is indorsed 
by a fiduciary empowered to indorse such instrument on behalf of his principal, 

114 



1864(k) FIDUCIARIES Ch. 36(A) 

the indorsee is not bound to inquire whether the fiduciary is committing a breach 
of his obligation as fiduciary in indorsing or delivering the instrument, and is 
not chargeable with notice that the fiduciary is committing a breach of his obli- 
gation as fiduciary unless he takes the instrument with actual knowledge of such 
breach or with knowledge of such facts that his action in taking the instrument 
amounts to bad faith. If, however, such instrument is transferred by the fiduciary 
in payment of or as security for a personal debt of the fiduciary to the actual 
knowledge of the creditor, or is transferred in any transaction known by the 
transferee to be for the personal benefit of the fiduciary, the creditor or other 
transferee is liable to the principal if the fiduciary in fact commits a breach of 
his obligation as fiduciary in transferring the instrument. 
1923, c. 85, s. 4. 

1864(i). Check drawn by fiduciary payable to third person. If a check or 

other bill of exchange is drawn by a fiduciary as sucb, or in the name of his prin- 
cipal by a fiduciary empowered to draw such instrument in the name of his 
principal, the payee is not bound to inquire whether the fiduciary is committing 
a breach of his obligation as fiduciary in drawing or delivering the. instrument, 
and is not chargeable with notice that the fiduciary is committing a breach of his 
obligation as fiduciary unless he takes the instrument with actual knowledge of 
such breach or with knowledge of such facts that his action in taking the instrument 
amounts to bad faith. If, however, such instrument is payable to a personal 
creditor of the fiduciary and delivered to the creditor in payment of or as security 
for a personal debt of the fiduciary to the actual knowledge of the creditor, or is 
drawn and delivered in any transaction known by the payee to be for the personal 
benefit of the fiduciary, the creditor or other payee is liable to the principal if 
the fiduciary in fact commits a breach of his obligation as fiduciary in drawing 
or delivering the instrument. 
1923, c. 85, s. 5. 

1864(j). Check drawn by and payable to fiduciary. If a check or other bill 
of exchange is drawn by a fiduciary as such or in the name of his principal by a 
fiduciary empowered to draw such instrument in the name of his principal, pay- 
able to the fiduciary personally, or payable to a third person and by him trans- 
ferred to the fiduciary, and is thereafter transferred by the fiduciary, whether in 
payment of a personal debt of the fiduciary or otherwise, the transferee is not 
bound to inquire whether the fiduciary is committing a breach of his obligation 
as fiduciary in transferring the instrument, and is not chargeable with notice 
that the fiduciary is committing a breach of his obligation as fiduciary unless he 
takes the instrument with actual knowledge of such breach or with knowledge 
of such facts that his action in taking the instrument amounts to bad faith. 

1923, c. 85, s. 6. 

1864(k). Deposit in name of fiduciary as such. If a deposit is made in a 
bank to the credit of a fiduciary as such, the bank is authorized to pay the amount 
of the deposit or any part thereof upon the check of the fiduciary, signed with 
the name in which such deposit is entered, without being liable to the principal, 
unless the bank pays the check with actual knowledge that the fiduciary is com- 

115 



1864(1) FIDUCIARIES Ch. 36(A) 

mitting a breach of his obligation as fiduciary in drawing the check or with 
knowledge of such facts that its action in paying the check amounts to bad faith. 

If, however, such a check is payable to the drawee bank and is delivered to it in 
payment of or as security for a personal debt of the fiduciary to it, the bank is 
liable to the principal if the fiduciary in fact commits a breach of his obligation as 
fiduciary in drawing or delivering the check. 

1923, c. 85, s. 7. 

1864(1). Deposit in name of principal. If a check is drawn upon the account 
of his principal in a bank by a fiduciary who is empowered to draw checks upon 
his principal's account, the bank is authorized to pay such check without being 
liable to the principal, unless the bank pays the check with actual knowledge 
that the fiduciary is committing a breach of his obligation as fiduciary in drawing 
such check, or with knowledge of such facts that its action in paying the check 
amounts to bad faith. If, however, such a check is payable to the drawee bank 
and is delivered to it in payment of or as security for a personal debt of the 
fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits 
a breach of his obligation as fiduciary in drawing or delivering the check. 
1923, c. 85, s. 8. 

1864 (m). Deposit in fiduciary's personal account. If a fiduciary makes a 
deposit in a bank to his personal credit of checks drawn by him upon an account 
in his own name as fiduciary or of checks payable to him as 1 fiduciary or of checks 
drawn by him upon an account in the name of his principal if he is empowered 
to draw checks thereon, or checks payable to his principal and indorsed by him, 
if he is empowered to indorse such checks, or if he otherwise makes a deposit of 
funds held by him as fiduciary, the bank receiving such deposit is not bound to 
inquire whether the fiduciary is committing thereby a breach of his obligation 
as fiduciary; and the bank is authorized to pay the amount of the deposit or any 
part thereof upon the personal check of the fiduciary without being liable to the 
principal, unless the bank receives the deposit or pays the check with actual 
knowledge that the fiduciary is committing a breach of his obligation as fiduciary 
in making such deposit or in drawing such check, or' with knowledge of such facts 
that its action in receiving the deposit or paying the check amounts to bad faith. 
1923, c. 85, s. 9. 

1864(n). Deposit in names of two or more trustees. When a deposit is made 
in a bank in the name of two or more persons as trustees and a check is drawn 
upon the trust account by any trustee or trustees authorized by the other trustee 
or trustees to draw checks upon the trust account, neither the payee nor other 
holder nor the bank is bound to inquire whether it is a breach of trust to author- 
ize such trustee or trustees to draw checks upon the trust account, and is not liable 
unless the circumstances be such that the action of the payee or other holder or 
the bank amounts to bad faith. 
1923, c. 85, s. 10. 

1 864 (o). Law not retroactive. The provisions of this law shall not apply to 
transactions taking place prior to the time when it takes effect. 
1923, c. 85, s. 11. 

116 



1864(q) FIDUCIARIES Oh. 36(A) 

1864(p). Cases not provided for in law. In any ease not provided for in 
this act the rules of law and equity, including the law merchant and those rules 
of law and equity relating to trusts, agency, negotiable instruments and banking, 
shall continue to apply. 
1923, c. 85, s. 12. 

1864(q). Uniformity of interpretation. This law shall be so interpreted and 
construed as to effectuate its general purpose to make uniform the law of those 
states which enact it. 
1923, c. 85, s. 13. 



117 



CHAPTER 37 

FISH AND FISHERIES' 

SUBCHAPTER I. FISHERIES COMMISSION BOARD ACT 

Art. 2. FishePiIes Commission Board; Organization, 
Officers, Support 

1869. Creation and organization of board. For the purpose of enforcing 

laws relating to all fish, there is hereby created a fisheries commission, which shall 
consist of eleven members appointed by the governor and confirmed by the senate, 
at least six of whom shall be from the several fishing districts of the state, and 
shall have a practical knowledge of or be familiar with the fishing industry, who 
shall be denominated the fisheries commission board. Four of said members shall 
be appointed for a term of two years from April first, one thousand nine hundred 
and twenty-three, four for a term of four years from said date, and three for a 
term of six years from said date, and shall be so designated by the governor in 
his message to the senate appointing them. Any commissioner appointed by the 
governor under this law may be removed by him for cause. In the case of death, 
resignation, removal from the state, removal by the governor for cause, or mental 
disability of any commissioner during his term of office, his successor shall be 
appointed by the governor to fill out the unexpired term, and such appointment 
shall be reported to the next session of the senate for its action. If the senate shall 
refuse to confirm any appointee of the governor, then it shall be his duty to ap- 
point another and send his name to the senate for its action. At the expiration of 
the term of office of any of said commissioners, his successor shall be appointed in 
a like manner by the governor for a term of six years. 

The eleven members shall receive four dollars per day each and traveling- 
expenses while attending meetings of the board: Provided, the per diem and 
expenses shall not exceed two hundred and fifty dollars ($250.00) each per annum: 
Provided further, that the chairman shall receive such compensation as the board 
may allow. 

1915, c. 84, s. 1; 1917, c. 290, s. 1; Ex. Sess. 1921, c. 42, s. 1; 1923, c. 168, s. 1 

1872. Board and officers to be free from financial interest in fisheries. The 
fisheries commissioner, assistant commissioners, and inspectors shall not be finan- 
cially interested in any fishing industry in North Carolina. 
1915, c. 84, s. 8; 1921, c. 194, s. 1. 

1877(a). Moneys credited to fisheries commission board; transfer of equip- 
ment and supplies. Any money that may be in the state treasury on April 
first, one thousand nine hundred and twenty-three, to the credit of the present 
fisheries commission board shall be held by the state treasurer to the credit of the 
fisheries commission board created by act of March 6, 1923 (Sec. 1869, C. S.), 
and said board is authorized to pay out of the fisheries commission fund all just 
claims that may be outstanding against the present fisheries commission board. 
All boats, fishing and oyster tackle, office supplies, stationery, and all other supplies 

118 



1893 FISH AND FISHERIES— Art. 4 Ch. 37 

of whatever character belonging to the present fisheries commission board shall 
be transferred to the fisheries commission board created by said act of March 6, 
1923, on or before April first, one thousand nine hundred and twenty-three. 
1923, c. 168, s. 2. 

1877(b). Powers and duties conferred. All powers and duties imposed by 
chapter thirty-seven of the Consolidated Statutes, and the amendments heretofore 
or hereafter made to the same, upon the present fisheries commission board are 
hereby conferred upon the fisheries commission board created by act of March 6, 
1923. (See Sec. 1869.) 

1923, c. 168, s. 3. 

Art. 4. Taxes and Regulations 

1891. Licenses for various appliances and their users; schedule. The follow- 
ing license tax is hereby levied annually upon the different fishing appliances 
used in the waters of North Carolina. 

Anchor gill nets, twenty-five cents for one hundred yards or fraction thereof. 

Stake gill nets, twenty-five cents for each hundred yards or fraction thereof. 

Drift gill nets, twenty-five cents for each hundred yards or fraction thereof. 

Pound nets, one dollar and twenty-five cents on each pound ; the pound is 
construed to apply to that part of net which holds and from which the fish are 
taken. 

Submarine pounds, or submerged trap nets, two dollars for each trap or pound. 

Shrimp trawl nets, twenty-five cents each. 

Seines, drag nets and mullet nets under one hundred yards, one dollar each. 

Seines, drag-nets and mullet nets over one hundred yards and under three 
hundred yards, one dollar per hundred yards of fraction thereof. 

Seines, drag nets and mullet nets over three hundred yards and under one 
thousand yards, one dollar and twenty-five cents per one hundred yards or frac- 
tion thereof. 

Seines, drag nets and mullet nets over one thousand yards, one dollar and 
seventy-five cents per one hundred yards or fraction thereof. 

Fyke nets, twenty-five cents each. 

Tonging for oysters, the license tax shall be one dollar for each tonger. 

For taking escallops with rakes, tongs, scoops, or scrapes, one dollar for each 
person and for every person assisting or employed. 

For taking clams with rakes, tongs, scoops, or scrapes, one dollar for each per- 
son and for every person assisting or employed. 

And for other apparatus used in fishing, the license shall be the same as that 
for the apparatus or appliance which it most resembles for the purpose used. 

1915, c. 84, s. 14; 1917, c. 290, s. 5; 1919, c. 333, s. 3; Ex. Sess. 1921, c. 42, s. 5. 

1893. Purchase tax on dealers; schedule; collection. All dealers in and all 
persons who purchase, catch, or take for canning, packing, shucking, or shipping 
the sea products enumerated below shall be liable to a tax to be collected by the 
fisheries commission board as follows : On — 

oysters, two cents a bushel, except coon oysters, one cent a bushel; 

escallops, five cents a gallon ; 

119 



1905 FISH AND FISHERIES— Art. 5 Ch. 37 

clams, ten cents a bushel; 

soft crabs, two and one-half cents a dozen; 

hard crabs, ten cents a bushel ; 

crab meat, two and one-half cents a gallon; 

shrimps, when cooked, one-quarter of a cent per pound; when green, one- 
eighth of a cent per pound. 

But none of these products shall be twice taxed, and no tax shall be imposed 
on oysters, escallops, or clams taken from private beds or gardens. Upon failure 
to pay said tax, the license provided in the preceding section shall at once be null 
and void and no further license shall be granted during the current year; and it 
shall be the duty of the commissioner, assistant commissioner, or inspector to 
institute suit for the collection of said tax. Such suit shall be in the name of 
the state of North Carolina on relation of the commissioner or inspector at 
whose instance such suit is instituted, and the recovery shall be for the benefit 
and for the use of the general fisheries commission fund. Any person failing or 
refusing to pay said tax shall be guilty of a misdemeanor. 

1915, c. 84, s. 13; 1917, c. 290, s. 4; 1919, c. 333, s. 1; 1921, c. 194, s. 2; Ex. Sess. 1921, 
c. 42, ss. 2-4; 1923, c. 170. 

SUBCHAPTER II. SHELLFISH 

Art. 5. Shellfish; General Laws 

Part 2. Leases of Bottoms 

1905. Areas leased in different waters. The area which may be taken up for 
purposes of oyster or clam culture shall be not less than one acre nor more 
than fifty acres, with the exception of the open waters of Pamlico sound (and 
for the purposes of this article open waters of Pamlico sound shall mean the 
waters that are outside of two miles of the shore line), in which the minimum limit 
shall be five acres and the maximum shall be two hundred acres : Provided that 
the limit of entry in Core sound, North river, Newport river, Bogue sound, 
and all bays and creeks bordering on these waters, and in Jones bay, Rose bay, 
Abels bay, Swan Quarter bay, Middle bay, Bay river, Deep bay, Juniper bay, West 
and East Bluff bays, Wysocking bay, Fire creek, Stumpy Point bay, Mouse 
Harbor bay, Maw bay and Broad creek, tributaries of Pamlico sound, shall be 
one acre as a minimum and ten acres as a maximum : Provided further, how- 
ever, that after March 9, 1910, the minimum area in Core sound, North river, 
Newport river, Bogue sound, and all bays and creeks bordering on these waters, 
and in Jones bay, Rose bay, Abels bay, Swan Quarter bay, Middle bay, Bay river, 
Deep bay, Juniper bay, West and East Bluff bays, Wysocking bay, Fire creek, 
Stumpy Point bay, Mouse Harbor bay, Maw bay and Broad creek, tributaries of 
Pamlico sound, shall be one acre and the maximum fifty acres ; but no person, 
firm, corporation or association shall severally or collectively hold any interest in 
any lease or leases aggregating an area of greater than fifty acres, except in the 
open waters of Pamlico sound, where the aggregate area shall be two hundred 
acres. 

120 



1959(d) FISH AND FISHEKIES— Art. 7(A) Oh. 37 

The fisheries commission hoard shall have authority to specify the acreage any 
one person may lease in the counties of Pender, New Hanover and Brunswick. 
1909, c. 871 ss. 2, 9; 1919, c. 333, s. 6; Ex. Sess. 1921, c. 46, s. 1. 

Art. 7(A). Propagation of Oysters 

1959(a). Fisheries commission to plant natural oyster beds; material; selection 
of planting ground. The fisheries commission board of North Carolina, here- 
inafter referred to as the board, is authorized, empowered, and directed to make 
all necessary and proper arrangements and to take the necessary steps to provide 
for the planting in the natural oyster beds of the public waters of North Carolina 
all shells, "coon oysters," or "seed oysters," or such other material as is well 
adapted for the propagation of oysters. The said board shall select such territory 
or planting ground in the public waters of North Carolina as is best adapted 
to the culture of oysters, and is most conveniently located with reference to 
existing beds or shells, "coon oysters," or "seed oysters," or other material well 
adapted for the propagation of oysters. 

1921, c. 132, s. 1. 

1959(b). Location and boundaries of planting. Propagating material. 
Manner and time of planting. Supervision of work. The said board may des- 
ignate the location and boundaries of said territory for such planting, and may 
further designate what oyster propagating materials shall be planted in said ter- 
ritory, the manner and time of said planting, and from what territory the said 
materials can be secured. The said board shall carefully supervise or cause to be 
carefully supervised by its properly designated agents, the planting of such beds 
and the distribution of said oyster propagating materials in said territory or beds. 
1921, c. 132, s. 2. 

1959(c). Purchase of material. Pay for work. Contracts. Limit of cost. 

The said board may purchase the necessary shells, "coon oysters," "seed oysters," 
or other propagating materials, and may cause same to be distributed in a desig- 
nated territory or territories, and the said board may provide proper compensation 
for any work or labor connected with the procuring of said materials, or the 
planting or distributing of said materials ; or the said board may let out by pri- 
vate contract any part of the said procuring or distributing materials, or both : 
Provided, that the complete and entire cost of planting any of said propagating 
materials shall not exceed the sum of ten cents per bushel of said material so 
distributed, and the said board may not make any contract which will result in 
making the cost of planting of any quantity of said material exceed ten cents per 
bushel. 
1921, c. 132, s. 3. 

1959(d). Appropriation. Warrant for payment. Limit of annual expense. 

In order to provide funds sufficient to enable the said board to carry out the pur- 
poses of this article, there is hereby appropriated out of the general funds of the 
state the sum of twenty thousand dollars ($20,000), which shall be used by the 
said board for the purpose of planting or distributing oyster propagating material 

121 



1959(e) FISH AND FISHERIES— Art. 9 Ch. 37 

in the oyster beds of the state in accordance with the provisions of this article, 
and for no other purpose whatsoever. The auditor of the state is hereby author- 
ized and directed to issue his warrants upon the treasurer of the state upon the 
written order of the said board, signed by the secretary of the said board and 
countersigned by the chairman; and the said treasurer is hereby authorized and 
directed to meet and pay the aforesaid warrants : Provided, that the total 
amount of all warrants so issued and paid under the authority of this act shall 
not exceed the sum of twenty thousand dollars ($20,000) ; and provided further, 
that the total amount of all warrants so issued and paid under the authority of 
this article in any one fiscal year shall not exceed the sum of ten thousand dollars 
($10,000). 
1921, c. 132, s. 4. 

1959(e). Marking boundary of planted grounds. Protection. It shall be the 
duty of the said board to plainly and clearly mark and define the limits and 
boundaries of any territory which may be planted with oyster propagating mate- 
rials under the provisions of this article. The said board may prohibit the taking 
of any oysters from any such territory or area for such length of time as the 
board may determine, and the said board may regulate the manner of such taking 
as the said board may determine : Provided, that the said board shall prohibit 
any taking oysters from any territory or area so planted for at least two years after 
such planting. 

1921, c. 132, s. 5. 

1959(f). Acts violative of law constituting misdemeanor. Any person- vio- 
lating any proper regulations or prohibitions of said board may, under the 
authority of section 1959(e), or any person who shall take oysters from any ter- 
ritory or area within two years after the planting of oyster propagating material 
in such territory or area under the provisions of this article, shall be guilty of a 
misdemeanor, and upon conviction shall be punished by a fine or imprisonment, 
or both, in the discretion of the court. 
1921, c. 132, s. 6. 

1959 (g). Enforcement of law. It shall be the duty of the said board and 
its assistants to enforce the provisions of this article, and the regulations and 
prohibitions of said board may, under the authority of this article, be enforced 
in the same manner as is provided for enforcing the fishing laws of this state, and 
the regulations of said board adopted under the authority of said laws, and the said 
board and its assistants shall have the same powers and duties and obligations with 
respect to the enforcement of this article as said board and its assistants have with 
respect to other fishing laws of this state. 
1921, c. 132, s. 7. 

SUBCHAPTER III. FISH OTHER THAN SHELLFISH 

Art. 9. Commercial Fishing ; General Regulations 

1966. Menhaden fishing forbidden to nonresidents. It is unlawful for any 
person, firm, or corporation, not a citizen or resident of the state of North 

122 



2000 FISH AND FISHERIES— Art. 10 Oh. 37 

Carolina, to catch, capture, or otherwise take any menhaden or fatbacks within the 
waters of the state of North Carolina to the extreme limits of the state's juris- 
diction in and over said waters; and for the purposes of this law the following 
boundaries are hereby declared to be the boundaries to which the waters of the 
said state extend, to wit : a distance of three nautical miles, measured from the 
outer beach or shores of the state of North Carolina out and into the waters of the 
Atlantic ocean; and any portions or portion of any water within a distance of 
three nautical miles from said waters of the Atlantic ocean to any beach or 
shore of said state shall be deemed, for the purposes of this act, within the waters 
of said state : Provided, that any citizen or resident of the state of North Carolina, 
whether person, firm, or corporation, may take, capture, or catch any menhaden 
or fatbacks at any time, subject to existing laws. 

It is unlawful for any nonresident person, persons, firm, or corporatipn 
knowingly to buy, cook, or manufacture into fertilizer any menhaden or fatbacks 
caught, taken, or captured contrary to the provisions of the above. 

Any person, persons, firm, or corporation violating any of the provisions of 
this section shall be guilty of a misdemeanor, and upon conviction in any county 
opposite the place at which said act is done, shall be fined not less than twenty- 
five hundred dollars or imprisoned for two years, or both, in the discretion of the 
court : Provided, that each catch, or taking, or purchase, or act of manufacture, 
shall constitute a distinct and separate offense. 

It is the duty of the fisheries commissioner or assistant commissioner, whenever 
an affidavit is delivered to him stating that the affiant is informed and believes 
that said act is being violated at any particular place, to go himself or send 
a duly authorized deputy to such place, to investigate the same, and such officer 
shall seize and remove all nets, machinery, or other appliances and parapher- 
nalia setting or being used in violation of this section^sell same at public auction 
and apply the proceeds of such sale to the payment of costs and expenses of such 
removal, and pay any balance remaining into the school fund of the county 
nearest to the place where the offense is committed. 

1911, c. 102; 1923, c. 154, ss. 2, 3. 

Art. 10. Commercial Fishing; Local Regulations 

Part 3. Counties 

2060, New Hanover: Certain handnets allowed. (Repealed by Public Laws. 
Extra Session 1921, Chapter 42, Section 5.) 



123 



CHAPTER 38 
GAME LAWS 

Art. 2. Protection of Game and Birds ; General Provisions 

2105(a). Bird sanctuary on Grandfather Mountain established. Part of 
Grandfather Mountain situate in the counties of Avery, Caldwell and above the 
Yonablossee Road on one side, and above the elevation of four thousand feet on 
the other side, be established as a sanctuary for the preservation and protection 
of deer, squirrels and other wild animals (except wildcats), and wild turkey, 
pheasants, eagles, hawks, ravens and all other bird life. 
1923, c. 191, s. 1. 

2105(b). Molestation of game within sanctuary; exception of Watauga county. 

It shall be unlawful to trap, hunt, shoot, or otherwise kill, within the sanctuary 
established by the preceding section, any deer, squirrels or other wild animals 
except wildcats, any wild turkeys, pheasants, eagles, hawks, ravens, or any kind of 
bird life. Any person violating any of the provisions of the preceding section 
shall be guilty of a misdemeanor : Provided, that this law shall not apply to 
Watauga county. 
1923, c. 191, ss. 2-4. 

Art. 6. Local Hunting Laws 

2141(a). Protection of game in certain parks or reservations. It shall be un- 
lawful for any person or persons to hunt, trap, capture, willfully disturb, or kill 
any animal or bird of any kind whatever, or take the eggs of any bird within 
the limits of any park or reservation in that part of the state of North Carolina 
situated west of the main line of the Southern Railway running from Danville, 
Virginia, by Greensboro, Salisbury, Charlotte, and Atlanta, Georgia, for the pro- 
tection, breeding, or keeping of any animals, game, or other birds, including 
buffalo, elk, deer, and such other animals or birds as may be kept in the aforesaid 
park or reservation, by any person or persons either in connection with the gov- 
ernment of the United States, or any department thereof, or held or owned by any 
private person or corporation. 

Ex. Sess. 1921, c. 6, ss. 1, 4. 

2141(b). Violation of law a misdemeanor. Any person or persons who shall 
hunt, trap, capture, willfully disturb, or kill any animal or bird, or take the eggs 
of any bird of any kind or description in any park or reservation as described in 
section 2141(a), at any time during the year, shall be guilty of a misdemeanor, 
and shall be fined or imprisoned in the discretion of the court for each and every 
offense. 

Ex. Sess. 1921, c. 6, s. 2. 

2141(c). Carrying weapons in parks or reservations. Any person who shall 
carry a pistol, revolver, or gun in any park or reservation such as is described in 
section 2141(a), without having first obtained the written permission of the 
owner or manager of said park or reservation, shall be guilty of a misdemeanor, 
and shall be fined or imprisoned, in the discretion of the court, for each and every 
offense. 

Ex. Sess. 1921, c. 6, s. 3. 

124 



CHAPTER 40 
GUARDIAN AND WARD 

Art. 2. Creation and Termination of Guardianship 

2151. Appointment by parents; effect; powers and duties of guardian. Any 

father, though he be a minor, may, by deed executed in his lifetime and with the 
written consent and privy examination of the mother, if she be living, or by his 
last will and testament in writing, if the mother be dead, dispose of the custody 
and tuition of any of his infant children, being unmarried, and whether born at 
his death or in ventre sa mere, for such time as the children may remain under 
twenty-one years of age, or for any less time. Or in case the father is dead and 
has not exercised his said right of appointment, or has willfully abandoned his wife, 
then the mother, whether of full age or minor, may do so. Every such appoint- 
ment shall be good and effectual against any person claiming the custody and 
tuition of such child or children. Every guardian by deed or will shall have 
the same powers and rights and be subject to the same liabilities and regulations 
as other guardians. 

Rev., ss. 1762, 1763, 1764; Code, ss. 1562, 1563, 1564; R. C, c. 54; 1762, c. 69; 1868-9, 
c. 201; 1881, c. 64; 1911, c. 120; Ex. Sess. 1920, c. 21. 

2160. Resignation; effect; accounting on resignation. Any guardian wishing 
to resign his trust may apply in writing to the superior court, setting forth the 
circumstances of his case. If, at the time of making the application, he also 
exhibits his final account for settlement, and if the clerk of the superior court 
is satisfied that the guardian has been faithful and has truly accounted, and if 
a competent person can be procured to succeed in the guardianship, or the clerk 
of the superior court may be appointed receiver of the estate of the ward, and if 
so appointed the clerk of the superior court may accept the resignation of the 
guardian and discharge him from the trust. But the guardian so discharged 
and his sureties are still liable in relation to all matters connected with the trust 
before the resignation. 

Rev., s. 1776; Code, s. 1608; 1868-9, c. 201, s. 45; 1921, c. 95. 

Art. 5. Sales of Ward's Estate 

2180. Special proceedings to sell; judge's approval required. On applica- 
tion of the guardian by petition, verified upon oath, to the superior court, show- 
ing that the interest of the ward would be materially promoted by the sale or 
mortgage of any part of his estate, real or personal, the proceeding shall be con- 
ducted as in other cases of special proceedings ; and the truth of the matter 
alleged in the petition being ascertained by satisfactory proof, a decree may 
thereupon be made that a sale or mortgage be had by such person, in such way 
and on such terms as may be most advantageous to the interest of the ward ; but 
no sale or mortgage shall be made until approved by the judge of the court, nor 

125 



2180 GUARDIAN AND WARD— Art. 5 Ch. 40 

shall the same be valid, nor any conveyance of the title made, unless confirmed 
and directed by the judge, and the proceeds of the sale or mortgage shall be 
exclusively applied and secured to such purposes and on such trusts as the judge 
shall specify. The guardian may not mortgage the property of his ward for 
a term of years in excess of the term fixed by the court in its decree.. The word 
"mortgage" whenever used herein shall be construed to include deeds in trust. 

Rev., s. 1798; Code, s. 1602; R. C, c. 54, ss. 32, 33; 1827, c. 33; 1868-9, c. 201, s. 39; 1917, 
c. 258, s. 1; 1923 c. 67, s. 1. 



126 



CHAPTER 42 
INNS, HOTELS, AND RESTAURANTS 

Art. 2. Sanitary Inspection and Conduct 

(Sections 2255 to 2283, inclusive, repealed by Public Laws 1921, Chapter 186, 
section 22.) 

2277. Annual inspection and certificate by state board of health. For the 

purpose of carrying out the provisions of this article the state board of health is 
authorized and required to inspect, through its officers or agents, without cost 
to the hotels or hospitals, all hotels and restaurants, hospitals and sanitariums, 
public and private, in the state once a year. If upon inspection of any hotel 
or restaurant, hospital or sanitarium, it shall be found that this article has been 
fully complied with, the secretary of the state board of health shall issue a cer- 
tificate to that effect to the person operating the same, and such certificate shall 
be kept posted in plain view in some conspicuous place in said hotel or restau- 
rant, hospital or sanitarium 

1917, c. 66, s. 23; 1923, c. 173. 

Note. — This section was amended after being repealed. 

2283(a). Definitions; "hotel"; "transient guests"; "restaurant." A hotel 
within the meaning of this law is an inn or public lodging-house of more than ten 
bedrooms where transient guests are lodged for pay in this state. The term 
"transient guest," within the meaning of this law, shall mean one who puts up 
for less than one week at such hotel. The term "restaurant" as used in this 
law shall include lunch counters and cafes where lunches and meals are served 
to the public, and where the tables and seating arrangements are such as to permit 
the serving of not less than twelve (12) persons at any one time. 

1921, c. 186, s. 1. 

2283(b). Charges for rooms; posting. Every transient hotel shall keep 
posted in a conspicuous place in the office a list of its charges for rooms, with or 
without meals, in accordance with the plan or plans on which the hotel is operated, 
giving the exact transient rate, and shall also keep posted in each room the rate 
for that room, with or without meals, in accordance with its plan as stated above, 
giving the transient rate per day and week, and the rate for each person in the 
room. 

1921, c. 186, s. 2. 

2283(c). Water-closets, bathrooms, and washbowls. In all cities, towns, or 
villages where a system of water-works and sewerage is maintained for public 
use, every hotel therein accessible to water main and sewer main shall be equipped, 
within six months after March 8, 1921, with suitable water-closets for the accom- 
modation of its guests, which water-closets shall be connected and tapped by proper 
plumbing with such water and sewerage systems, and there shall be some ade- 
quate means of flushing said water-closets with the water in such manner as to 
prevent sewer gas from arising therefrom. The water-closets and bathrooms must 

127 



2283(d) INNS, HOTELS, AND RESTAURANTS— Art. 2 Oh. 42 

be sufficiently lighted to permit the reading of ordinary newspaper type (18) 
inches from the normal eye. The wash-bowls of the main wash-room of such 
hotel must be connected and tapped and equipped in similar manner, both as to 
method and time ; all such equipment to be paid for by the owner. 
1921, c. 186, s. 3. 

2283(d). Receptacles holding water screened. "Standing water" defined. 

The proprietor of every hotel and restaurant shall keep all cisterns, tanks, and 
other receptacles containing standing water screened or otherwise so covered as to 
prevent the entrance of flies, mosquitoes, and other disease-carrying insects. The 
term "standing water" as used in this law shall mean water that remains for ten 
days or more in a cistern, tank, or other receptacle. 
1921, c. 186, s. 4. 

2283(e). Water to be analyzed. Discontinuance of use. A sample of water 
used in every hotel and restaurant, except in cases where the water is derived 
from some public water supply, shall be sent by the proprietor to the state labora- 
tory of hygiene for analysis twice each year, with a certificate that it is the water 
used in such hotel or restaurant, and if the sample is found by said laboratory 
to be unfit for the use that is made of the water in the hotel or restaurant, the 
further use of such water shall be discontinued until permission is granted by the 
state board of health to resume the use of such water. 
1921, c. 186, s. 5. 

2283(f). Door and window screens. Mosquito bar for beds. Fly paper and 
fly traps. The proprietor or keeper of every hotel or restaurant shall keep 
screened the doors, windows, and all openings of the kitchen and dining-room 
with suitable mesh-wire gauze from the first of April to the first of December. 
Every hotel shall have all bedroom windows screened, or else provide each bed 
with a mosquito bar for the use of its patrons for protection against flies, mos- 
quitoes and other insects, and it shall be the duty of the proprietor or keeper 
of every hotel and restaurant to use such other means, as fly-paper, fly-traps, 
etc., as may be necessary to keep the restaurant, kitchen, and dining-room 
reasonably free from flies. 

1921, c. 186, s. 6. 

2283(g). Minimum floor and air space. Beds. In every sleeping room the 
minimum floor area shall be sixty (60) square feet per bed, and under no cir- 
cumstances shall there be provided less than five hundred (500) cubic feet of 
air space per bed. There shall always be space in each room, and the arrangement 
of each room shall be such that there may be a space of two feet between any beds 
in the room. All beds shall be so arranged that the air shall circulate freely under 
each. In no hotel shall beds or bunks in the same room or apartment be placed 
one above another : Provided, that this section shall not apply in cases of emer- 
gency. 

1921. c. 186, s. 7. 

2283(h). Lighting of rooms. Window space. Blinds or shades. Each room 
in every hotel hereafter constructed shall be well lighted, with outside window 

128 



2283 (o) INNS, HOTELS, AND EESTAUEANTS— Akt. 2 Ch. 42 

space not less than one-eighth (Vs) the floor space. Each window in every hotel 
now existing or thereafter constructed shall be provided with either blinds having 
hinges and shutters or slats freely movable and in good working order, or with a 
movable shade which! effectively excludes the light when drawn. 
1921, c. 186, s. 8. 

2283 (i). Pillow-slips and sheets* clean sets. All hotels shall hereafter pro- 
vide each bed, bunk, cot, or other sleeping place for the use of guests with pillow- 
slips, under and top sheets to be of sufficient width to cover the mattress thereof, 
and to be at least ninety (90) inches long. All pillow-slips and sheets, after 
being used by one guest, must be washed and ironed before used by another guest, 
a clean set being furnished each succeeding guest. 

1921, c. 186, s. 9. 

2283 (j). Beds and furnishings to be kept clean and free from vermin. All 
beds, bedclothing, mattresses, and pillows shall always be kept clean and free 
from vermin. 

1921, c. 186, s. 10. 

2283 (k). Rooms to be disinfected and aired. Eveiy room, after being occu- 
pied by any one known or suspected to be suffering from tuberculosis, diphtheria, 
or any contagious disease, must be thoroughly disinfected as prescribed by the state 
board of health before further occupancy ; and every room, after being occupied 
by any one known or suspected to be suffering from measles or whooping-cough, 
must be thoroughly aired for twenty-four (24) hours before subsequent occupancy. 

1921, c. 186, s. 11. 

2283(1). Towels. All hotels shall furnish each guest with a clean towel; and 
the use of the roller or other towels used in common is prohibited in all hotels 
and restaurants. 

1921, c 186, s. 12. 

2283 (m). Refrigerators, ice boxes, and cold storage rooms. Kitchens. The 

refrigerator, ice boxes, and cold-storage rooms of all hotels or restaurants must 
be kept free from foul and unpleasant odors, mold, and slime. The kitchen 
must be well lighted and ventilated, the floor clean, and the side walls and ceilings 
free from cobwebs and accumulated dirt. 
1921, c. 186, s. 13. 

2283 (n). Tableware and kitchen utensils. Re-service of food. All dishes, 
tableware, and kitchen utensils must be thoroughly washed and rinsed with clean 
water after using ; food served to customers when part of same has been used 
must not again be served to other customers. 

1921, c. 186, s. 14. 

2283 (o). Protection and removal of garbage. All garbage must be kept 
covered and protected from flies, in barrels or galvanized iron cans, and removed 
at least twice a week. 

1921, c. 186, s. 15. 

9 129 



2283(p) IXNS, HOTELS, AND RESTAUKANTS—Abt. 2 Ch. 42 

2283 (p). Requirements for lodging-houses. Every lodging-house accepting 
transient guests shall at all times be kept free from filth and rubbish in or on the 
premises belonging to or connected with the same. All water-closets, wash-basins, 
baths, windows, fixtures, fittings, and painted surface shall at all times be kept 
clean and in good repair. The floors, walls, and ceilings of all rooms, passages, and 
stairways must at all times be clean and in good repair. 

1921, c. 186, s. 16. 

2283 (q). Rules prescribed by state board of health. Inspections. Rating. 

Tor the purpose of carrying out the provisions of this law the state board of 
health is authorized and required to prepare reasonable rules and regulations, 
and an official score card for showing numerically the rating of hotels and restau- 
rants that come within the meaning of this law. The state board of health, 
through its officers or agents, shall inspect all hotels and restaurants coming within 
the meaning of this law at least once a year, and give to every hotel and restaurant 
inspected a rating in accordance with the aforementioned score card. It shall 
be the duty of the inspector to leave with the management of said hotel or 
restaurant at the time of inspection a copy of his report. The said board shall 
publish at various times the ratings given to the various hotels and restaurants 
that have been inspected by its officers or agents, and shall furnish to each hotel 
and restaurant a certificate with the rating given to the hotel stated thereon. 
The proprietor or manager of the hotel or restaurant, upon the receipt of the 
aforestated certificate, shall post it in a conspicuous place where it may be easily 
observed by guests, and shall remove and destroy the said certificate one year after 
the date written thereon, or sooner when called upon to do so by an officer or agent 
of the state board of health. 
1921, c. 186, s. 17. 

2283 (r). Annual inspections. Certificates. No inspection of any hotel or 
restaurant shall be required oftener than once a year, unless there is a change of 
proprietors, or unless it shall appear to the state board of health that additional 
insjtections are advisable, or upon complaint from two or more persons setting 
forth facts indicating that such hotel or restaurant is in an insanitary condition 
and not maintained in accordance with the requirements of this law: Provided, 
however, upon request on the part of the management or proprietor a reinspection 
may be had within a period of thirty (30) days. When more than one inspection 
of a hotel or restaurant is made within any one year, the state board of health shall 
issue a new certificate of inspection, and upon the receipt of the new certifi- 
cate the proprietor or manager of the hotel or restaurant shall remove and destroy 
the certificate previously issued and replace it with the later certificate. 

1921, c. 186, s. 18. 

2283 (s). Authority of inspectors. Privacy of guests. The inspectors, officers, 
or agents of the state board of health are empowered and authorized to enter any 
hotel or restaurant at all reasonable hours to make such inspection ; and it is the 
duty of every person in the management or control of such hotel or restaurant 
to afford free access to every part of the hotel or restaurant and render all aid 
and assistance necessary to enable the inspector to make a full, thorough, and 

130 



2283 (v) INNS, HOTELS, AND RESTAURANTS— Art. 3 Ch. 42 

complete examination thereof; but no inspector shall violate the privacy of any 
guest without his or her consent. 
1921, c. 186, s. 19. 

2283 (t). Acts and omissions constituting misdemeanor; punishment. Any 
owner, manager, agent, or person in charge of a hotel or restaurant, or any other 
person who shall willfully obstruct, hinder, or interfere with any officer or agent 
of the state board of health in the proper discharge of his duty, or who shall 
willfully fail or neglect to comply with any of the provisions of this law, or who 
shall maintain or operate a hotel or restaurant which, under the requirements 
and provisions of this law, shall be found to have a rating of less than 70 shall be 
guilty of a misdemeanor, and upon conviction fined not less than $10 nor more 
than $50 for each offense, and each day that he shall fail to comply with this law 
or to maintain his hotel or restaurant with a rating of more than 70 points shall 
be a separate offense. 
1921, c. 186, s. 20. 

2283 (u). Inspector to swear out warrants. It shall be the duty of the in- 
spector, in case he shall have knowledge of any violation of this law, to swear 
out a warrant against the person offending. 

1921, c. 186, s. 21. 

Art. 3. Immoral Practices of Guests of Hotels and Lodging-houses 

2283 (v). Registration to be in true name; addresses. Peace officers. No 

person shall write, or cause to be written, or if in charge of a register knowingly 
permit to be written, in any register in any lodging-house or hotel any other or 
different name or designation than the true name or names in ordinary use of 
the person registering or causing himself to be registered therein. Any person 
occupying any room or rooms in any lodging-house or* hotel shall register or cause 
himself to be registered where registration is required by such lodging-house or hotel. 
Any person registering or causing himself to be registered at any lodging-house 
or hotel, shall write, or cause to be written, in the register of such lodging-house 
or hotel the correct address of the person registering, or causing himself to be 
registered. Any person violating any provision of this section shall be guilty of 
a misdemeanor, and upon conviction shall be punished by a fine not exceeding 
two hundred dollars ($200). This section shall not apply to any peace officer of 
this state who shall privately give his true name to the clerk or proprietor of such 
hotel or lodging-house. 
1921, c. 111. 



131 



CHAPTER 43 

INSANE PERSONS AND INCOMPETENTS 

Akt. 2. Guardianship and Management of Estates of 
Incompetents 

2285. Inquisition of lunacy; appointment of guardian. Any person, in be- 
half of one "who is deemed an idiot, inebriate, or lunatic, or incompetent from 
want of understanding to manage his own affairs by reason of the excessive use of 
intoxicating drinks, or other cause, may file a petition before the clerk of the 
superior court of the county where such supposed idiot, inebriate or lunatic 
resides, setting forth the facts, duly verified by the oath of the petitioner ; where- 
upon such clerk shall issue an order, upon notice to the supposed idiot, inebri- 
ate or lunatic, to the sheriff of the county, commanding him to summon a jury 
of twelve men to inquire into the state of such supposed idiot, inebriate or 
lunatic. Upon the return of the sheriff summoning said jury, the clerk of the 
superior court shall swear and organize said jury and shall preside over said 
hearing, and the jury shall make return of their proceedings under their hand 
to the clerk, who shall file and record the same ; and he shall proceed to appoint 
a guardian of any person so found to be an idiot, inebriate, lunatic, or incompe- 
tent person by inquisition of a jury, as in cases of orphans. 

Either the applicant or the supposed idiot, inebriate, lunatic, or incompetent 
person may appeal from the finding of said jury to the next term of the superior 
court, when the matters at issue shall be regularly tried de novo before a jury, 
and pending such appeal, the clerk of the superior court shall not appoint a 
guardian for the said supposed idiot, inebriate, lunatic, or incompetent person, 
but the resident judge of the district, or the judge presiding in the district, may 
in his discretion appoint a temporary receiver for the alleged incompetent pend- 
ing the appeal. The trial of said appeal in the superior court shall have preced- 
ence over all other causes. 

The jury shall make return of their proceedings under their hands to the 
clerk, who shall file and record the same ; and he shall proceed to appoint a 
guardian of any person so found to be an idiot, inebriate, lunatic or incompetent 
person by inquisition of a jury, as in cases of orphans. If the person so adjudged 
incompetent shall be an inebriate within the definition of section two thousand 
two hundred and eighty-four, the clerk shall proceed to commit said inebriate 
to the department for inebriates at the state hospital in Raleigh for treatment and 
cure. He shall forward to the superintendent of said state hospital a copy of the 
record required herein to be made, together with the commitment, and these shall 
constitute the authority to said superintendent to receive and care for and cure 
said inebriate. The expenses of the care and cure of said inebriate shall constitute 
a charge against the estate in the care of his guardian. If, however, such 
estate is not large enough to pay such expenses, the same shall be a valid charge 
against the county from which said inebriate is sent. 

Rev., s. 1890; Code, s. 1670; C. C. P., s. 473; 1919, c. 54; 1921, c. 156, s. 1. 

132 



2304(d) INSANE PERSONS AND INCOMPETENTS— Art. 5 Ok 43 

Art. 5. Detention, Treatment, and Cure of Inebriates 

2304(a). "Inebriate" defined. For the purposes of this law, the word "inebri- 
ate" is defined to be a person habitually so addicted to alcoholic drinksi or narcotic 
drugs as to be a proper subject for restraint, care, and treatment. 

1921, c. 156, s. 2. 

2304(b). Petition for examination. Warrant for hearing. Action without 
petition. Evidence. Upon petition of two citizens, who shall be either the 
wife, husband, parent, child, committee of the estate of an inebriate, or next 
friends of such person, the clerk of the superior court of the county in which 
said alleged inebriate resides shall issue his warrant requiring the inebriate, on 
a day fixed, to be brought into court for a hearing. The petition shall not be 
considered unless it sets forth that the person named therein is an inebriate 
within the scope of this law, and unless it be accompanied by the affidavit or 
affidavits of at least two reputable physicians, stating that they have examined 
the alleged inebriate, and that he is a proper subject for restraint, care, and treat- 
ment, or the clerk may, on his own initiative, where he has information and rea- 
sonable grounds to believe that a particualr person is an inebriate and is a fit 
subject for restraint, care, and treatment, cause such person to be brought before 
him and proceed to hear and try the question of whether or not he is an inebriate 
within the definition of the preceding section. If two reputable physicians shall 
certify before him that such person is an inebriate, he may commit such an 
inebriate as herein provided to the department of the state hospital at Raleigh 
provided for the care and treatment of such inebriate. 
1921, c. 156, s. 3. 

2304(c). Commitment for treatment; discharge. If after such hearing the 
clerk is satisfied that the alleged inebriate is a proper subject for restraint, care, 
and treatment, he shall commit the inebriate to the department for inebriates at 
the state hospital in Raleigh, where he shall be treated, subject to the same rules 
and regulations as provided for the treatment and cure of curable insane persons, 
and he shall be discharged therefrom under the same rules and regulations. 

1921, c. 156, s. 4. 

2304(d). Inquiry as to estate of inebriate. Minors. Costs. Expenses. 
After the clerk shall determine that an inebriate is a fit subject to be committed 
to the department for inebriates as aforesaid, he shall go further and inquire as 
to whether said inebriate is indigent or not in such way that he has not in his own 
right sufficient estate or property to bear the cost and expense of bis restraint, 
care, and treatment while in the institution. If he is so indigent, then he shall 
inquire further whether or not the petitioning wife or husband has sufficient 
estate to pay such costs. If the inebriate is a minor he shall determine whether 
his particular guardian or parent has sufficient estate of the inebriate or his 
own, if a parent, to pay such costs. In any of these instances, if sufficient estate 
or property is found to pay such costs, the clerk shall adjudge the payment from 
such estate, and in all cases, if the petitioning parent has property sufficient to 

133 



2304(e) INSANE PERSONS AND INCOMPETENTS— Art. 5 Ch. 43 

pay, he shall be adjudged to pay costs of the treatment of his minor child. But 
if in none of these cases sufficient property is found to pay such costs and expenses, 
the inebriate shall be declared indigent and the actual cost and expense of re- 
straint, care, and treatment of indigent inebriates as herein defined shall be borne 
and paid by the county from which the inebriate is committed : Provided, that 
there shall not be included in such cost and expense any charge except for board 
and clothing. 
1921, c. 156, s. 5. 

2304(e). Inebriate submitting himself for treatment. Any inebriate within 
the definition of section 2304(a) who wishes to submit himself for care and 
treatment in the department for inebriates at the state hospital in Raleigh, may 
be received therein as a patient upon his presentation of himself personally at the 
institution and making arrangements with the superintendent for the actual cost 
of his detention and treatment. He shall signify his desire in writing, and promise 
therein to submit himself to the rules and regulations for the government of the 
institution. When this is done he shall be detained therein and given adequate 
care and attention. After he has been so detained for thirty days he may secure his 
release and discharge by ten days notice in writing to the superintendent, or to 
any one of the assistant physicians in charge of such institution : Provided, 
said physician or physicians are satisfied that said inebriate has sufficiently 
recovered to return to his home and not become a menace or charge to society. 

1921, c. 156, s. 6. 

2304(f). Department for inebriates. It shall be the duty of trustees and su- 
perintendent of the state hospital at Raleigh to prepare and set apart a department 
for such inebriates on or before the first day of May, one thousand nine hundred 
and twenty-two. 

1921, c. 156, s. 7. 

2304(g). Law effective, when. This law shall be in force and effect on and 
after March 8, 1921, but as the state hospital at Raleigh is not prepared with a 
department for the care and treatment of inebriates, the provisions of this law 
shall not be made mandatory until after the first day of May, one thousand nine 
hundred and twenty-two. 

1921, c. 156, s. S. 



134 



CHAPTER 45 
JURORS 

Art. 1. Jury List and Drawing of Original Panel 

2315. Local modifications as to drawing panel. In Buncombe county forty- 
eight jurors shall be drawn to serve the first week and twenty-four to serve the 
second week. 

In Cumberland county the commissioners may, in their discretion, cause an 
additional twelve scrolls to be drawn, to serve as the jury for the first week. 

In Forsyth county the board of county commissioners is authorized and 
empowered to draw as jurors from the box, as provided in the preceding section, 
an additional number of jurors to those now provided by law. At all civil 
terms, regular and special, for the first week thirty jurors shall be drawn and 
summoned, and likewise for the second week. At all criminal terms, regular 
and special, for the first week forty-two jurors shall be drawn and summoned. 
For the second week thirty jurors shall be drawn and summoned. 

In Hertford county fifteen extra jurors shall be drawn and summoned for 
the second week. 

In Iredell county twenty-four jurors shall be drawn and summoned for the 
second week. 

In McDowell county the board of county commissioners is authorized and em- 
powered to draw as jurors from the box an additional number of jurors to those 
now provided by law. At each term when grand jury is to be selected, for the 
first week, forty-eight jurors shall be drawn and summoned, and for each subse- 
quent week of such terms and at all other terms, both civil and criminal, or mixed, 
regular or special, for each week, thirty jurors shall be drawn and summoned. 

In Randolph county forty-two scrolls shall be drawn for the first week and 
twenty-four for the second week. The commissioners may at the same time 
and in the same manner draw the names of twenty-four other persons who shall 
serve as petit jurors for the week for which they are drawn and summoned. 

In Rockingham county the board of county commissioners is authorized and 
empowered to draw as jurors from the box, as provided in the preceding sec- 
tion, an additional number of jurors to those now provided by law. At all 
civil terms, regular and special, for the first week thirty jurors shall be drawn 
and summoned ; for the second week twenty-four jurors shall be . drawn and 
summoned. At all criminal terms, regular and special, for the first week forty-two 
jurors shall be drawn and summoned ; for the second week twenty-four jurors 
shall be drawn and summoned. 

In Rowan county twenty-four jurors shall be drawn and summoned for the 
second week. 

In Stokes county the commissioners shall draw for each term of the superior 
court, in accordance with law, twenty-four jurors, to be summoned by the sheriff 
of Stokes county. 

In Wayne, Robeson and Granville counties the board of commissioners for the 
first week of each term of the superior court of said counties for the trial of civil 

135 



2334 JUEOES— Art. 4 Ch. 45 

and criminal causes shall cause to be drawn from the jury box forty-two scrolls, 
and for each additional week or for any court for the trial of civil causes only, 
said board of commissioners shall draw twenty-four scrolls. 

Rev., s. 1959; 1907, c. 239; Ex. Sess. 1913, c. 4; P. L. 1915, cc. 233, 744, 764; 1921, 
c. 142; 1923, c. 107, s. 2; 1923, c. 117. 

Art. 4. Geand Jurobs 

2334. Grand juries in certain counties. At the first fall and spring terms of 
the criminal courts held for the counties of Gaston, Guilford, Mecklenburg, 
Moore, Eichmond, New Hanover, McDowell, Durham, Cumberland, Columbus, 
Nash, and Wake, grand juries shall be drawn, the presiding judge shall charge 
them as provided by law, and they shall serve during the remaining fall and 
spring terms, respectively. 

At any time the judge of the superior court presiding over either the criminal 
or civil court of New Hanover, McDowell, Durham, and Cumberland counties 
may call said grand jury to assemble and may deliver unto said grand jury an addi- 
tional charge. The said judge presiding over either the criminal or civil court of 
New Hanover, McDowell, Durham, or Cumberland counties may at any time dis- 
charge said grand jury from further service, in which event he shall cause a new 
grand jury to be drawn which shall serve during the remainder of the said fall or 
spring term. The first nine members of the grand jury chosen at the first term 
of the superior court of Cumberland county for the trial of criminal causes in the 
year of one thousand nine hundred twenty-two shall serve during the spring and 
fall terms, and at the first of such courts of the fall and spring terms thereafter, 
nine additional jurors shall be chosen to serve for one year. 

At any time the judge of the superior court presiding over the criminal court 
of Columbus county may call said grand jury to assemble and may deliver unto 
said jury an additional charge. The said judge presiding over the criminal court 
of Columbus county may at any time discharge said grand jury from further 
service, and may cause a new grand jury to be drawn, which shall serve during 
the remainder of the said fall and spring term. 

Every grand juror drawn and summoned in Pobeson county shall serve for a 
period of twelve months. 

At the spring term of the criminal court held for the county of Gates, and for 
the county of Camden, grand jury shall be drawn, the presiding judge shall charge 
them as provided by law, and they shall serve for twelve (12) months: Provided, 
that at any time the judge of the superior court presiding over the criminal courts 
of Gates county or Camden county may call said jury to assemble and may deliver 
unto said grand jury an additional charge : Provided further, that the judge of 
the superior court presiding over the criminal courts of Gates and of Camden 
counties may at any time discharge said grand jury from further service, and may 
cause a new grand jury to be drawn, which shall serve during the remainder of the 
said twelve (12) months. 

At the April term of superior court held for the county of Hoke a grand 
jury shall be drawn, the presiding judge shall charge it as provided by 
law, and it shall serve until the following April term, Hoke superior court : 

136 



2334 JUEOES— Art. 4 Oh. 45 

Provided, that at any time the judge of the superior court presiding over 
either criminal or civil court in said county may call said grand jury to assemble 
and may deliver unto said grand jury an additional charge: Provided further, 
that the judge of the superior court presiding over either criminal or civil court 
in said county may at any time discharge said grand jury from further service, 
in which event he shall cause a new grand jury to be drawn, which shall serve out 
the unfinished year. 

If it should appear to the board of commissioners of Union county, thirty days 
before the beginning of the term of superior court that begins on the third Mon- 
day after the first Monday in March, that the condition of the criminal docket, 
and the number of prisoners in jail, make it necessary that said March term 
should be used as a criminal term, the said board of commissioners are authorized 
and empowered within their discretion to draw a grand jury for said term, and to 
give thirty days notice in some local paper that criminal cases would be tried at 
said term, and all criminal process and undertakings returnable to a subsequent 
term shall be returnable to said March term. 

1913, c. 196; 1917, cc. 116, 118; 1919, cc. 113, 187; Ex. Sess. 1920, c. 39; 1921, cc. 
18, 55, 69, 72; Ex. Sess. 1921, c. 15; 1923, cc. 11, 15, 104, 115. 






137 



CHAPTER 46 
LANDLORD AND TENANT 

Akt. 3. Summary Ejectment 

2373. Undertaking on appeal; when to be increased. Either party may appeal 
from the judgment of the justice, as is prescribed in other cases of appeal from 
the judgment of a justice ; except in the counties of Iredell, Mecklenburg, Cabarrus, 
Craven, Granville, Watauga, Davie, and Swain, upon appeal to the superior court 
either plaintiff or defendant may demand that the same shall be tried at the first 
term of said court after said appeal is docketed in said court, and said trial shall . 
have precedence in the trial of all other cases, except the cases of exceptions to 
homesteads : Provided, that said appeal shall have been docketed at least ten days 
prior to the convening of said court : Provided, further, that the presiding judge, 
in his discretion, may take up for trial in advance any pending case in which the 
rights of the parties or the public require it ; but no execution commanding the 
removal of a defendant from the possession of the demised premises shall be sus- 
pended until the defendant gives an undertaking in an amount not less than one 
year's rent of the premises, with sufficient surety, who shall justify and be ap- 
proved by the justice, to be void if the defendant pays any judgment which in that 
or any other action the plaintiff may recover for rent, and for damages for the 
detention of the land. At any term of the superior court of the county in which 
such appeal is docketed after the lapse of one year from the date of the filing of the 
undertaking above mentioned, the tenant, after legal notice to that end has been 
duly executed on him, may be required to show cause why said undertaking should 
not be increased to an amount sufficient to cover rents and damages for such 
period as to the court may seem proper, and if such tenant fails to show proper 
cause and does not file such bond for rents and damages as the court may direct, 
or make affidavit that he is unable so to do and show merits, his appeal shall be 
dismissed and the judgment of the justice of the peace shall be affirmed. 

Rev., s. 2008; Code, s. 1772; 1868-9, c. 156, s. 25; 1883, c. 316; 1921, c. 90; Ex. <Sess. 
1921, c. 17. 



138 



CHAPTER 49 

LIENS 

Art. 2. Subcontractors', etc., Liens and Eights Against 

Owners 

2445. Contractor on municipal building to give bond; action on bond. Every 
county, city, town or other municipal corporation which lets a contract for the 
building, repairing or altering any building, public road, or street, shall require 
the contractor for such work (when the contract price exceeds five hundred 
dollars) to execute bond with one or more solvent sureties before beginning any 
work under said contract, payable to said county, city, town or other munici- 
pal corporation, and conditioned for the payment of all labor done on and 
material and supplies furnished for the said work. The amount of the said 
bond to be given by said contractor shall be equal to the contract price up to 
two thousand dollars, and when the contract price is between two and ten 
thousand dollars the amount of said bond shall be two thousand dollars plus 
thirty-five per cent of the excess of the contract price over two thousand dollars 
and under ten thousand; when the contract is over ten thousand dollars, the 
amount of the said bond shall be two thousand dollars plus twenty-five per cent 
of the excess of the contract price over the sum of two thousand dollars. If 
the official of the said county, city, town or other municipal corporation, whose 
duty it is to take said bond, fails to require the said bond herein provided to be 
given, he is guilty of a misdemeanor. Any laborer doing work on said building 
and material man furnishing material therefor and used therein, has the right 
to sue on said bond, the principal and sureties thereof, in the courts of this 
state having jurisdiction of the amount of said bond, and any number or laborers 
or material men whose claims are unpaid for work done and material furnished 
in said building have the right to join in one suit upon said bond for the 
recovery of the amounts due them respectively. [Every bond given by any 
county, city, town or other municipal corporation for the building, repairing 
or altering of any building, public road or street, as required by this section, shall 
be conclusively presumed to have been given in accordance therewith, whether such 
bond be so drawn as to conform to the statute or not, and this statute shall be 
conclusively presumed to have been written into every such bond so given. Only 
one action or suit may be brought upon such bond, which said suit or action 
shall be brought in the county in which the building, road, or street is 
located, and not elsewhere. In all suits instituted under the provisions of 
this statute, the plaintiff or plaintiffs shall give notice to all persons, informing 
them of the pendency of the suit, the name of the parties, with a brief recital of the 
purposes of the action, which said notice shall be published at least once a week for 
four successive weeks in some newspaper published and circulating in the county 
in which the action is brought, and if there be no newspaper, then by posting at 
the courthouse door and three other public places in such county for thirty days. 
Proof of such service shall be made by affidavit as provided in case of the service 
of summons by publication. All persons entitled to bring and prosecute an action 

139 



2482 LIENS— Art. 9 Ch. 49 

upon the bond shall have the right to intervene in said action, set up their re- 
spective claims, provided that such intervention shall be made within twelve 
months from the bringing of the action, and not later. If the recovery on the 
bond shall be inadequate to pay the amounts found due to all of the claimants, 
judgment shall be given to each claimant pro rata of the amount of the recovery. 
The surety on such bond may pay into court for distribution among the claimants 
the full amount of his liability, to wit, the penalty named in the bond, and upon so 
doing, such surety shall be relieved from further liability.] 

The bracketed portion of this section shall not affect suits and litigation pending 
February 17, 1923. ■ 

1913, c. 150, s. 2; 1915, c. 191, s. 1; 1923, c. 100. 

Art. 9. Agricultural Liens for Advances 

2482. Price to be charged for articles advanced limited. In order to be en- 
titled to the benefits of the lien on crops in favor of landlords and other persons 
advancing supplies under the article, Agricultural Tenancies, of the chapter, Land- 
lord and Tenant, and under the present article, or on a chattel mortgage on crops, 
such landlord or person shall charge for such supplies a price or i^rices of not 
more than ten per cent over the retail cash price or prices of the article or articles 
advanced, and the said ten per cent shall be in lieu of interest on the debt for 
such advances : Provided, however, that coupon books and trade checks com- 
monly used by time merchants shall be considered as supplies advanced, when 
sold by merchants to customers, and charged for in the same manner. If more 
than ten per cent over the retail cash price is charged on any advances made under 
the lien or mortgage given on the crop, then the lien or mortgage shall be null 
and void as to the article or articles upon which such overcharge is made. At 
the time of each sale there shall be delivered to the purchaser a memorandum 
showing the cash prices of the articles advanced. 

1917, c. 134, s. 1; 1921, c. 89. 



140 



CHAPTER 50 
MARRIAGE 

Art. 1. General Provisions 

2494. Capacity to marry. All unmarried male persons of sixteen years, or 
upwards, of age, and all unmarried females of sixteen years, or upwards, of age, 
may lawfully marry, except as hereinafter forbidden : Provided, that females over 
fourteen years of age and under sixteen years of age may marry under a special 
license to be issued by the register of deeds, which said special license shall only 
be issued after there shall have been filed with the register of deeds a written con- 
sent to such marriage, signed by one of the parents of the female or signed by that 
person standing in loco parentis to such female, and the fact of the filing of such 
written consent shall be set out in said special license. 

Rev., s. 2082; Code, s. 1809; R. C, c. 68, s. 14; 1871-2, c. 193; 1923, c. 75. 

Art. 2. Marriage License 

2500(a). Certificates of health for applicants for license. No license to marry 
shall be issued by the register of deeds of any county to a male applicant therefor 
except upon the presentation by the said male applicant of a certificate executed 
within seven days from the time of the presentation of said certificate to the 
register of deeds as hereinafter provided, showing the nonexistence of any venereal 
disease, the nonexistence of tuberculosis in the infectious stages, and that the appli- 
cant has not been adjudged by a court of competent jurisdiction an idiot, imbecile, 
or of unsound mind. No license shall be issued to any female applicant who shall 
not present a certificate showing the nonexistence of tuberculosis in the infectious 
stages, and that she has not been adjudged by a court of competent jurisdiction to 
be of unsound mind. 

1921, c. 129, s. 1. 

2500(b). Certificates executed by what physicians. The certificate referred 
to in the preceding section shall be executed by any reputable physician licensed 
to practice medicine and surgery in the state, and who shall reside within the 
county in which said license to marry shall be applied for by certificate of the 
county health officer of such county, whose duty it shall be to examine such appli- 
cants and issue such certificates without charge : Provided, where a city or town 
is located in two or more counties, then a physician who practices medicine and 
surgery in the state and lives in said city may examine and execute such certificate 
in either county in which said city may be located : Provided further, that any 
physician who practices medicine and surgery in the state and lives within a radius 
of three miles of the county line in which the license is applied for may examine 
and execute such certificate. 

1921, c. 129, s. 2; 1923, c. 101. 

2500(c). Issuing license without certificate a misdemeanor. Any register of 
deeds who issues a license to marry without the presentation of the certificate 

141 



2500(d) MARRIAGE— Art. 2 Ch. 50 

provided for in the preceding sections, or contrary to the provisions of this law, 
shall be guilty of a misdemeanor, and upon conviction shall be fined not less than 
two hundred dollars or imprisoned for thirty days in the discretion of the court. 
1921, c. 129, s. 3. 

2500(d). False statement by a physician a misdemeanor. Any physician 
who shall knowingly and willfully make any false statement in the certificate 
hereinabove provided for shall be guilty of a misdemeanor, and upon conviction 
shall be fined not less than two hundred dollars, or imprisoned for not more than six 
months. 

1921, c. 129, s. 4. 

2500(e). Laws affected or repealed. No laws in force March 5, 1921, 
relating to the issuance of licenses to marry shall be repealed or abridged by this 
law, except such as may be in conflict herewith. 

Rev., s. 2105; Code, s. 1833; 1871-2, c. 193, s 25; 1921, c. 129, s. 5. 



142 



CHAPTER 51 
MARRIED WOMEN 

Art. 1. Powers and Liabilities of Married Women 

2518. For wife's torts, husband not liable. No husband shall be liable 
for damages accruing from any tort committed by his wife, or for any costs or 
fines incurred in any criminal proceeding against her. 

Rev., s. 2105; Code, s. 1833; 1871-2, c. 193, s. 25; 1921, c. 102. 



143 



CHAPTER 54 
MORTGAGES AND DEEDS OF TRUST 

Art. 2. Right to Foreclose or Sell Under Power 

2584(a). Sales by mortgagees and trustees confirmed. All sales of real prop- 
erty made prior to February tenth, nineteen hundred and five, by mortgagees and 
trustees under powers of sale contained in any mortgage or deed of trust in com- 
pliance with the powers, terms, conditions and advertisement set forth and re- 
quired in any such mortgage or deed of trust, are hereby in all respects ratified 
and confirmed : Provided, this section shall not apply to litigation pending August 
25, 1920. 

Ex. Sess. 1920, c. 27. 

Art. 3. Mortgage Sales 

2593(a). Orders signed on days other than first and third Mondays validated; 
force and effect of deeds. In all actions for the foreclosure. of any mortgage or 
deed of trust which has heretofore been instituted and prosecuted before the clerk 
of the superior court of any county in North Carolina, wherein the judgment 
confirming the sale, made by the commissioner appointed in said action, and or- 
dering the said commissioner to execute a deed to the purchaser, was signed by 
such clerk on a day other than the first or third Monday of a month, such judgment 
of confirmation shall be and is hereby declared to be valid and of the same force 
and effect as though signed and docketed on the first or third Monday of any month, 
and any deed made by any commissioner or commissioners in any such action 
where the confirmation of sale was made on a day other than a first or third 
Monday of the Month shall be and is hereby declared to have the same force and 
effect as if the same were executed and delivered pursuant to a judgment of con- 
firmation properly signed and docketed by the clerk of the superior court on a 
first or third Monday of the month : Provided, that this section shall not affect 
litigation pending February 22, 1923. 

1923, c. 53, s. 1. 

Art. 4. Discharge and Release 

2594. Discharge of record of mortgages and deeds of trust. Any deed of trust 
or mortgage registered as required by law may be discharged and released in the 
following manner. 

1. The trustee or mortgagee or his or her legal representative, or the duly 
authorized agent or attorney of such trustee, mortgagee or legal representative, 
may, in the presence of the register of deeds or his deputy, acknowledge the 
satisfaction of the provisions of such deed of trust or mortgage, whereupon the 
register or his deputy shall forthwith make upon the margin of the record of 
such deed of trust or mortgage an entry of such acknowledgment of satisfaction, 
which shall be signed by the trustee, mortgagee, legal representative or attorney, 
and witnessed by the register or his deputy, who shall also affix his name thereto. 

2. Upon the exhibition of any mortgage, deed of trust or other instrument 

144 



2594 MOETGAGES AND DEEDS OF TRUST— Art. 4 Ch. 54 

intended to secure the payment of money, accompanied with the bond or note, to 
the register of deeds or his deputy, where the same is registered, with the endorse- 
ment of payment and satisfaction appearing thereon by the payee, mortgagee, 
trustee, or assignee of the same, or by any chartered active banking institution 
in the state of North Carolina, when so endorsed in the name of the bank by an 
officer thereof, the register or his deputy shall cancel the mortgage or other 
instrument by entry of "satisfaction" on the margin of the record ; and the 
person so claiming to have satisfied the debt may retain possession of the bond 
or mortgage or other instrument : Provided, that if such mortgage or deed of 
trust provides in itself for the payment of money and does not call for or recite 
any note secured by it, then the exhibition of such mortgage or deed of trust alone 
to the register of deeds or his deputy, with endorsement of payment and satisfac- 
tion, shall be sufficient. But if the register or his deputy requires it, he shall file 
a receipt to him showing by whose authority the mortgage or other instrument 
was canceled. 

3. Upon the exhibition of any mortgage, deed of trust, or other instrument 
intended to secure the payment of money by the grantor or mortgagor, his agent 
or attorney, together with the notes or bonds secured thereby, to the register 
of deeds or his deputy of the county where the same is registered, the deed of 
trust, mortgage, notes or bonds being at the time of said exhibition more than ten 
years old, counting from the date of maturity of the last note or bond, the regis- 
ter or his deputy shall make proper entry of cancellation and satisfaction of said 
instrument on the margin of the record where the same is recorded, whether 
there be any such entries on the original papers or not. 

4. Every such entry thus made by the register of deeds or his deputy, and 
every such entry thus acknowledged and witnessed, shall operate and have the 
same effect to release and discharge all the interest of such trustee, mortgagee 
or representative in such deed or mortgage as if a deed of release or recon- 
veyance thereof had been duly executed and recorded. 

5. The conditions of every mortgage, deed of trust, or other instrument securing 
the payment of money shall be conclusively presumed to have been complied with 
or the debt secured thereby paid as against creditors or purchasers for a valuable 
consideration from the trustor, mortgagor, or grantor, from and after the expiration 
of fifteen years from the date when the conditions of such instrument by the terms 
thereof are due to have been complied with, or the maturity of the last installment 
of debt or interest secured thereby, unless the holder of the indebtedness secured 
by such instrument or party secured by any provision thereof shall file an affidavit 
with the register of deeds of the county where such instrument is registered, in 
which shall be specifically stated the amount of debt unpaid, which is secured by 
said instrument, or in what respect any other condition thereof shall not have 
been complied with, whereupon the register of deeds shall record such affidavit and 
refer on the margin of the record of the instrument referred to therein the' fact of 
the filing of such affidavit, and a reference to the book and page where it is 
recorded. Or in lieu of such affidavit the holder may enter on the margin of the 
record any payments that have been made on the indebtedness secured by such 
instrument, and shall in such entry state the amount still due thereunder. This 

10 145 



2594(a) MOKTGAGES AND DEEDS OF TEUST— Art. 4 Ch. 54 

entry must be signed by tbe holder and witnessed by the register of deeds. Pro- 
vided, however, that this subsection shall not apply to any deed, mortgage, deed of 
trust or other instrument made or given by any railroad company, or to any agree- 
ment of conditional sale, equipment trust agreement, lease, chattel mortgage or other 
instrument relating to the sale, purchase or lease of railroad equipment on roll- 
ing stock, or of other personal property. 

Rev., s. 1046; Code, s. 1271; 1870-1, c. 217; 1891, c. 180; 1893, c. 36; 1901, c. 46; 1917, 
c. 49, s. 1; 1917, c. 50, s. 1; 1923, c. 192, s. 1; 1923, c. 195. 

2594(a). Entry of foreclosure. In case of foreclosure of any deed of trust, 
or mortgage, the trustee or mortgagee shall enter upon the margin of the record 
thereof the fact of such foreclosure and the date when, and the person to whom, 
a conveyance was made by reason thereof. 
1923, c. 192, s. 2. 

2594(b). Trustees or mortgagees to file reports of sales. It shall be the duty 
of any trustee or mortgagee making sale under the provisions of any power to 
file an account with the clerk of the superior court in the county where the land 
lies as is required by commissioners making sales for partition, and for the audit- 
ing and recording of said account the clerk shall be allowed the same fees as are 
provided for auditing accounts of such commissioners. 

1923, c. 192, s. 3. 

2594(c). Copies of law to be sent registers; posting and publishing copies. 

The secretary of state shall certify copies of this law to every register of deeds in 
the state, whose duty it shall be to post such copies in a conspicuous place in his 
office and cause the same to be published for one month in some newspaper in the 
county. The expense of such publications shall be borne by the county. 
1923, c. 192, s. 4. 



146 



CHAPTER 55 
MOTOR VEHICLES 

Art. 1. General Provisions 

2599. Violation a misdemeanor. Any person violating any provision of this 
chapter shall be guilty of a misdemeanor, and upon conviction shall be fined not 
exceeding fifty dollars or imprisoned not exceeding thirty days; and any person 
violating any provision of this chapter, where serious damage is done, shall be 
guilty of a misdemeanor. 

1917, c. 140, s. 21; 1921, c. 141. 

Art. 2. Registration of Vehicles 

2604. Registration lists. (Repealed by Public Laws 1921, Chapter 209.) 

2610. Special numbers to dealers. Every person, firm, association or cor- 
poration manufacturing or dealing in motor vehicles may, instead of registering 
such motor vehicles so manufactured or dealt in, make application upon a blank 
to be furnished by the secretary of state for a general distinctive number for all 
motor vehicles owned or controlled for purposes of sale by such manufacturer or 
dealer, such application to contain such information as to name, style, and class of 
ears manufactured or dealt in by such person, firm, association or corporation as the 
secretary of state may require; and upon the payment of the registration fee here- 
inafter provided for, such person, firm, association, or corporation shall be assigned 
a distinctive number, together with a certificate of registration, made in such form 
and containing such information as the secretary of state shall determine ; and 
every motor vehicle owned or controlled by such manufacturer or dealer, except 
as hereinafter provided, shall be regarded as registered under and having assigned 
to it such general distinguishing number until sold or otherwise disposed of. No 
manufacturer or dealer shall operate any motor vehicle so registered for any other 
purpose than the trial or adjustment of such motor vehicle, or for its demonstra- 
tion to a prospective buyer, or for some purpose incidental to the legitimate busi- 
ness of manufacturing, purchasing, exhibiting, selling, or repairing motor vehicles 
by such manufacturer or dealer. No motor vehicle registered under the provisions 
of this section shall be rented for hire or used for the purpose of conveying passen- 
gers or freight for hire. No person other than a bona fide manufacturer or dealer 
shall obtain or use a registration certificate or the corresponding number plate issued 
by authority of the provisions of this section; and no person who shall have regis- 
tered a motor vehicle under the provisions of this section shall loan his number 
plate to any person. No registration of any manufacturer or dealer shall be 
transferable. The secretary of state may at any time require that a manufacturer 
or dealer in motor vehicles shall prove that he is a bona fide manufacturer or 
dealer, and failure to so prove shall be sufficient cause for the cancellation of the 
registration of such manufacturer or dealer, and the secretary of state shall take 
possession of and cancel the display numbers issued. No manufacturer or dealer, 

147 



2011(a) MOTOR VEHICLES— Art. 2 Oh. 55 

or any employee of such manufacturer or dealer, shall cause or permit the display 
or other use of any number plate or certificate of registration which may have been 
furnished to such manufacturer or dealer under the distinctive number herein pro- 
vided for, except upon motor vehicles owned by such manufacturer or dealer within 
the meaning and intent of this section, and no person shall display or otherwise use 
or have in his possession for the purpose of using any registration certificate or 
display number, except such manufacturer or dealer, or his employees : Provided 
that if the secretary of state, upon receiving from any manufacturer or dealer an 
application for the issuance for the ensuing registration year of a certificate of 
registration and general distinguishing number provided for in this section, shall 
determine, upon due cause, that such manufacturer or dealer during the previous 
registration year has failed to comply with the requirements of this section respect- 
ing the use of numbers or filing of reports required by section 2606, the secretary 
of state may refuse such application. Any person violating any provision of this 
section shall be guilty of a misdemeanor. 

1917, c. 140, s. 11; 1919, c. 1S9, s. 6; Ex. Sess. 1921, c. 97, s. 11. 

2611(a). Display numbers property of state; seizure for improper use. All 

display numbers issued by the secretary of state under this chapter shall be and 
remain the property of the state, and it shall be lawful for the secretary of state 
or his agent to summarily take possession of any number which he has reason to 
believe is being illegally used, and to keep in his possession such number pending 
investigation and legal disposition of the same. 
Ex. Sess. 1921, c. 97, s. 5. 

2611(b). Fraud in securing registration and misuse of number plates. Any 

person who shall apply for the registration of a motor vehicle to the secretary of 
state, and who shall willfully give or cause to be given a worthless check in pay- 
ment therefor, or a fictitious, incomplete, or assumed name on the application for 
registration, or shall make any statement in connection with the application for 
registration with the intent to defraud the state, or who shall knowingly give a 
wrong postoffice address or any other information for the purpose of willfully 
hindering identification, or who shall knowingly use or allow to be used unlawfully 
any license number plate issued by the secretary of state, shall be guilty of a mis- 
demeanor, and upon conviction shall be fined or imprisoned in the discretion of 
the court. 

Ex. Sess. 1921, c. 97, s. 6. 

2611(c). Preservation and cleaning of display number plates. It shall be 
the duty of each and every registered owner of a motor vehicle to keep the display 
number plate assigned to such motor vehicle reasonably clean and free from dust 
and dirt, and such registered owner, or any person in his employ, or who operates 
such motor vehicle by his authority, shall, upon the request of any proper officer 
immediately clean such display plate so that the numbers thereon may be readily 
distinguished, and any person who shall neglect or refuse to so clean a display 
number plate, after having been requested to do so, shall be guilty of a misdemeanor, 
and fined not exceeding fifty dollars or imprisoned not exceeding thirty days. 

Ex. Sess. 1921, c. 97, s. 7. 

148 



2611(g) MOTOK VEHICLES— Art. 2 Ch. 55 

2611(d). Operating with false numbers. Any person who shall willfully and 
with intent to defraud the state of registration fees due, operate a motor vehicle 
with a display number plate which has been repainted, or altered, or forged, or 
which was issued by the secretary of state for a motor vehicle other than the one 
on which used, shall be guilty of a misdemeanor. 

Ex. Sess. 1921, c. 97, s. 8. 

2611(e). Alteration, disguise, or concealment of numbers. Any operator of 
a motor vehicle who shall willfully and with intent to conceal the identity of such 
motor vehicle, or the identity of the registered owner thereof, mutilate, bend, 
twist, cover or cause to be covered or partially covered by any bumper, light, 
spare tire, tire-rack, strap, or other device, or who shall paint, enamel, emboss, 
stamp, print, perforate, or alter or add to or cut off any part or portion of a dis- 
play number plate or the figures or letters thereon, or who shall place or deposit 
or cause to be placed or deposited any oil, grease, or other substance upon such dis- 
play number plate for the purpose of making dust adhere thereto, or who shall 
deface, disfigure, change, or attempt to change any letter or figure thereon, or who 
shall display a number plate in other than a horizontal upright position, shall 
be guilty of a misdemeanor. 
Ex. Sess. 1921, c. 97, s. 9. 

2611(f). Exchange of number plates. Any registered owner of a motor 
vehicle who shall knowingly allow or permit the use of a display number plate 
issued to him to be taken from the motor vehicle for which it was issued and used 
on another motor vehicle by another person, shall be guilty of a disdemeanor. 

Ex. Sess. 1921, c. 97, s. 10. 

2611(g). All vehicles to be registered. Fees as to vehicles operated by pub- 
lic officials. It shall be unlawful for any motor vehicle owned by the state of 
North Carolina or any department thereof, by any county, township, city or town, 
or by any board of education to be operated on the public highways of this state 
from and after June 30, 1922, without having first been duly registered in the 
office of the secretary of state as required by this chapter : Provided, that the 
secretary of state, upon proper proof being filed with him that any motor vehicle 
for which license is herein required is owned by the state or any department thereof, 
or by any county, township, city, or town, or by any board of education, may col- 
lect not exceeding one dollar for the registration and numbering of such motor 
vehicle: Provided further, that the term "owned" shall be construed to mean 
that such motor vehicle is the actual property of the state or some department 
thereof, or of the county, township, city, or town, or of the board of education, 
and no motor vehicle which is the property of any officer of employee of any de- 
partment named herein shall be construed as being "owned" by such department. 
Any person operating a motor vehicle in violation of any provision of this sec- 
tion shall be guilty of a misdemeanor, and upon conviction shall be fined not more 
than $50 or imprisoned not more than 30 days. 

Ex. Sess. 1921, c. 97, s. 13. 

149 



2612 MOTOE VEHICLES— Art. 3 Cli. 55 



Art. 3. License Eees 

2612. Amount of license fees. The fees for the registration and licensing of 
vehicles as herein required shall be according to the following schedules : 

RATES FOR AUTOMOBILES 

24 h.p. or less $12.50 per year 

Over 24 h.p., and not more than 30 h.p 20.00 per year 

More than 30 h.p., and less than 35 h.p 3'0.00 per year 

35 h.p. or more 40.00 per year 

Motor vehicles used for the transportation of passengers for hire shall pay fifty 
per cent more than the above rates. 

Horsepower shall be computed according to the N". A. C. C. formula of rating 
for all motor vehicles equipped with internal combustion engines. On motor 
vehicles operated by steam or electricity the horsepower rating shall be computed 
according to the rating by the manufacturer of such vehicle. 

RATES FOR MOTOR TRUCKS 

Trucks with carrying capacity less than 1,000 pounds $ 12.50 

1,000 pounds and under one ton 15.00 

One ton and under two tons 25.00 

Two tons and under three tons 75.00 

Three tons and under four tons 200.00 

Four tons and over 300.00 

On all trailers, $15 per ton carrying capacity. 

MOTORCYCLES 

$5 on each motorcycle, and $5 for each motorcycle side-car. 

DEALERS IN MOTOR VEHICLES 

Registration fee and first plate $25.00 

Each additional plate 1.00 

The fiscal year for the collection of automobile licenses shall terminate June 
thirtieth. The fee for licenses issued after January first of each year, and before 
June thirtieth, for the period ending June thirtieth, shall be one-half the annual 
fee. 

The foregoing schedule of license fees on motor vehicles shall become effective 
July first, one thousand nine hundred and twenty-one, and the present schedule 
of license fees shall remain in force until said date. The fiscal year for the pay- 
ment of said license fees shall begin July first of each year. 

1921, c. 2, s. 28; Ex. Bess. 1921, c. 97, s. 12. 

2612(a). Payment of fees to secretary of state;, items covered by fee. The 
fees provided for in section 2612 shall be paid to the secretary of state at the 

150 



2613(c) MOTOR VEHICLES— Abt. 3(A) Oh. 55 

time of issuance of said registration certificates, permits, or licenses. They shall 
include all costs of registration, issuance of permits, licenses, and certificates, and 
the furnishing of registration plates, and shall be in lieu of all other state or local 
taxes (except ad valorem), registration, or license fees, privilege taxes, or other 
charges : Provided, however, a county, city, or town may charge a license or 
registration fee on motor vehicles in the sum of one dollar ($1) per annum: Pro- 
vided further, that no county, city, or town shall charge or collect an additional fee 
for the privilege of operating a motor vehicle, either as chauffeur's or driver's 
license: Provided, nothing herein shall prevent the governing authorities of any 
city from regulating, licensing, controlling of chauffeurs and drivers of any such 
car or vehicle, and charging a reasonable fee : Provided futher, that any city or 
town may charge a license not to exceed fifty dollars ($50) for any motor vehicle 
used in transporting persons or property for hire in lieu of all other charges, fees, 
and licenses now charged. 
1921, c. 2, s. 29. 

2612(b). Repeal of laws permiting county, etc., to levy license tax. Any 

statute enacted at the 1923 session of the general assembly which permits any 
county, city or town to levy any license tax on any motor vehicle, other than that 
provided in section 2612(a), is hereby repealed in so far as it permits such excess 
tax. 

1923. c. 241, s. 2. 

2613(a). Operation of vehicle without license a misdemeanor. Any person, 
firm, or corporation that shall operate any motor vehicle upon any highway of the 
state, without license, as is required under this article, shall be guilty of a mis- 
demeanor and fined or imprisoned in the discretion of the court. 

1921, c. 2, s. 30. 

2613(b). State highway fund; payment out of upon vouchers. For the pur- 
pose of carrying out the provisions of this article the funds collected hereunder 
shall be kept by the state treasurer in a separate fund to be known and designated 
as "State Highway Fund," and all moneys directed to be paid out under this 
article shall be paid by the state treasurer upon voucher issued by the state high- 
way commission, and charged to the state highway fund. 

1921, c. 2, s. 31. 

Art. 3(A). Gasoline Tax 

2613(c). Definitions; "motor vehicles," "motor vehicle fuel," "dealers." 

The following words, terms, and phrases in this section of this article for the pur- 
poses hereof are defined as follows : 

(a) "Motor vehicles" shall include all vehicles, movable engines, or machines 
which are operated or propelled by combustion of gasoline, or other volatile and 
inflammable liquid fuels, and are operated and used for travel on the public high- 
ways. 

(b) "Motor vehicle fuels" are such fuels known as gasoline, benzine, naphtha, 
liberty fuel, and such other volatile and inflammable liquids produced or com- 

151 



2613(d) MOTOK VEHICLES— Aet. 3(A) Oh. 55 

pounded for the purpose of operating or propelling motor vehicles, except the 
product commonly known as kerosene oil. 

(c) The term "dealer" is hereby defined as any person or corporation who has 
in his, its, or their possession, for sale to the consumer, any gasoline, benzine, 
naphtba, liberty fuel, and such other volatile or inflammable liquids produced or 
compounded for operating or propelling motor vehicles as herein defined for use, 
distribution or sale in the state. 

1921, c. 2, s. 32. 

2613(d). Monthly reports of purchases and deliveries by dealers; gallon tax 
on purchases; wholesale dealers. In addition to the taxes now provided for by 
law, each and every dealer, as defined in this article, who is now engaged, or who 
may hereafter engage, in his own name or in the name of others, or in the name of 
his representatives or agents in this state, in the sale or distribution as dealers or 
distributors of motor vehicle fuel as herein defined, shall not later than the 
twentieth day of each calendar month, render a statement to the secretary of state, 
showing all motor vehicle fuel purchased for sale and delivered during the pre- 
ceding calendar month, and pay a license tax of three cents per gallon on all motor 
vehicle fuel so purchased as shown by such statement in the manner and within the 
time aforesaid : Provided, however, that whenever any dealer or distributor of 
motor vehicle fuel shall show to the satisfaction of the secretary of state, by com- 
plying with such rules and regulations as shall be made by the secretary of state 
for that purpose, that the tax hereby provided to be paid by the dealer or distributor 
of motor vehicle fuel as aforesaid has been voluntarily paid by the wholesale 
dealer, then and in that event the reports required by this act to be made by such 
dealer or distributor, and by the wholesale dealer, shall not be required to be made, 
and the dealer or distributor shall not be required to pay the tax hereby levied. 

Every wholesale dealer selling any motor vehicle fuel in the state shall render 
to the secretary of state every thirty days a statement of all the sales in the 
state, which statement shall contain the name and business address of the dealer 
and the date and amount of such sale. Any wholesale dealer willfully failing to 
comply with the provisions of this section shall be guilty of a misdemeanor and 
fined or imprisoned in the discretion of the court. 

1921, c. 2, s. 33; 1923, c. 263, s. 2. 

2613(e). Reports of purchases and sales by dealers; itemized accounts of 
purchases. Every dealer in motor vehicle fuel shall render to the secretary of 
state, on or before the twentieth day of each month, on forms prescribed, prepared, 
and furnished by the secretary of state, a sworn statement of the number of gal- 
lons of motor vehicle fuel purchased and sold to be used in motor vehicles as herein 
defined by him or them during the preceding calendar month, which statement shall 
be sworn to by one of the principal officers in the case of a domestic corporation, 
or by the resident general agent of a foreign corporation, by the managing agent 
or owner in case of a firm or association, and shall contain an itemized account 
of the dates and quantities of motor vehicle fuel purchased. 
1921, c. 2, s. 34. 

152 



2618 MOTOR VEHICLES— Akt. 4 Ch. 55 

2613(f). Monthly payment of tax to secretary of state; payment over to 
treasurer; credit to state highway fund. Said license tax shall be paid on or 
before the twentieth day of each month to the secretary of state, who shall receipt 
the dealer therefor and promptly turn over to the state treasurer as other receipts 
of his office, and the state treasurer shall place the same to the credit of the "State 
Highway Fund," to be expended as provided by this article. 

1921, c. 2, s. 35. 

2613(g). Records to be kept by dealers; inspection. Every dealer in motor 
vehicle fuel shall keep a record in such form as may be prescribed by the secretary 
of state of all purchases of motor vehicle fuel; such records to include copies of all 
invoices or bills of all such purchases, and shall at all times during the business 
hours of the day be subject to inspection by the secretary of state or his deputies, 
or such other officers as may be duly authorized by said secretary of state. 

1921, c. 2, s. 36. 

2613(h). Violation of article a misdemeanor. Any dealer, association or 
persons, firm, or corporation violating any of the provisions of this article shall 
be guilty of a misdemeanor, and upon conviction thereof shall be punished by a 
fine not to exceed one hundred dollars ($100), or by imprisonment in the county 
jail for a period not to exceed six months, or both. 

1921, c. 2, s. 37. 

2613 (i). Action for recovery of tax; judgment if failure willful; credit of 
collections to highway fund. If any person, firm, or corporation shall fail to 
pay the tax on motor vehicle fuel, due by such person, firm, or corporation under 
the provisions of this article, within thirty (30) days after such tax shall be due, 
the state treasurer shall bring the appropriate action in the courts of the state 
for the recovery of such tax, and if it shall be found as a fact that such failure 
to pay was willful on the part of such person, firm, or corporation, judgment 
shall be rendered against such person, firm, or corporation for double the amount of 
the tax found to be due, together with cost, and the amount collected shall be 
placed by the State Treasurer to [the credit of] the "State Highway Fund." All 
remedies now, or which may hereafter be given by the laws of the' state of North 
Carolina for the collection of taxes, are expressly given herein for the collection 
of the judgment recovered by the state treasurer under this action. 

1921, c. 2, s. 38. 

Art. 4. Operation of Vehicles 

2618. Speed regulations; mufflers. No person shall operate a motor vehicle 
upon the public highways of this state recklessly, or at a rate of speed greater than 
is reasonable and proper, having regard to the width, traffic, and use of the high- 
way, or so as to endanger the property or the life or limb of any person : Pro- 
vided, that a rate of speed in excess of twenty miles per hour in the residence 
portion of any city, town, or village, and a rate of speed in excess of ten miles 
per hour in the business portion of any city, town, or village, and a rate of speed 
in excess of thirty miles per hour on any public highway outside of the cor- 

153 



2621(a) MOTOR VEHICLES— Art. 5 _ Oh. 55 

porate limits of any incorporated city or town, shall be deemed a violation of 
this section : Provided further, that no person shall operate upon the public 
highways inside the corporate limits of any incorporated city or town of this 
state a motor vehicle with muffler cut-out open. 
1917, c. 140, s. 17; Ex. Sess. 1921, c. 98. 

2621(a). Maximum weight of motor vehicle or trailer. No motor vehicle 
or trailer which has a greater rated weight of both vehicle and load exceeding 
seven and one-half (7%) tons shall go over or be operated upon any state high- 
way. Any person, firm, or corporation violating the provisions of this section 
shall be guilty of a misdemeanor. 
1921, c. 2, s. 30. 

2621(b). Full stop at grade crossings. No person operating any motor vehicle 
upon a public road snail cross, or attempt to cross, any railroad or interurban 
track intersecting the road at grade, other than a crossing at which there is a 
gate or a watchman (except an electric railway track in a city, town or village), 
without first bringing said motor vehicle to a full stop at a distance not exceeding 
fifty (50) feet from the nearest rail. No failure so to stop, however, shall be con- 
sidered contributory negligence per se in any action against the railroad or inter- 
urban company for injury to person or property; but the facts relating to such 
failure to stop may be considered with the other facts in the case in determining 
whether the plaintiff was guilty of contributory negligence. 
1923, c. 255, s. 1. 

2621(c). Warning signs; dimensions and inscription. Every railroad or 
interurban company operating or leasing any track intersecting a public road at 
grade shall place a sign-board, not less than ten feet from the ground on the right 
side of the road, forty inches by fifty inches, one hundred feet from said crossing, 
which shall be painted with red lettering, to insure warning of the proximity of 
the crossing and notice to stop said motor vehicle, with the following: "N. C. 
Law. Stop " : Provided, this law shall not interfere with the regulations prescribed 
by towns and cities. 
1923, c. 255, s. 2. 

2621(d). Violation of two preceding sections a misdemeanor. Any person 
violating the provisions of the two preceding sections shall be guilty of a misde- 
meanor, and, upon conviction, shall be fined not more than ten dollars or imprison- 
ed not more than ten days, or both, in the discretion of the court. 

1923, c. 255, s. 3. . 

Art. 5. Automobile Inspectors 

2621(e). Appointment, powers, and jurisdiction. The secretary of state is 
authorized to appoint, in his discretion, one or more discreet persons who shall 
be known as "Automobile Inspectors," and who, when commissioned and qualified, 
shall have the same police power in cases of the violations of the automobile laws 
as are conferred on sheriffs, police, marshals, and other officers under this chapter, 
and such powers shall run in all counties within the state. 

Ex. Sess. 1921, c. 97, s. 1. 

154 



2621(i) MOTOR VEHICLES— Art. G Ch. 55 

2621(f). Commission; qualification. Each inspector, before assuming his 
duties, shall be commissioned by the governor and shall qualify before the clerk 
of the superior court of his county by taking the oath prescribed by law for 
justices of the peace. 

Ex. Sess. 1921, c. 97, s. 2. 

2621(g). Compensation of inspectors. Such inspectors may serve without 
compensation, or may receive such compensation as the secretary of state may deem 
necessary, to be paid from the automobile fund provided for under chapter 2, 
Public Laws of 1921, by warrant of the auditor on the treasurer : Provided, said 
compensation shall be approved by the governor and council of state. 

Ex. Sess. 1921, c. 97, s. 3. 

2621(h). County and municipal officers; cooperation and duties. It shall be 
the duty of all sheriffs, police officers, deputy sheriffs, deputy police officers, and 
all other officers within the state to cooperate with and render all assistance in 
their power to the inspectors herein provided for, and nothing in this law shall be 
construed as relieving said sheriffs, police officers, deputy sheriffs, deputy police 
officers, and other officers of the duties imposed on them by this chapter. 

Ex. Sess. 1921, c. 97, s. 4. 

Art. 6. Protection of Title of Motor Vehicles 

2621 (i). Definitions. The words and phrases used in this article shall be 
construed as follows, unless the context may otherwise require : 

(a) The term "motor vehicles" shall include all vehicles propelled by power, other 
than muscular power, except motorcycles operated by policemen or firemen when on 
official business and excepting all other motor vehicles, including trucks owned and 
operated by municipalities, or by the state, or any political subdivision thereof, or 
by any state institution, or by the federal government. The term "motor vehicle" 
shall not include trucks, traction engines, road rollers, fire wagons, fire- engines, 
police patrol wagons and also such vehicles that run only upon rails or tracks : 
Provided, that such excepted motor vehicles shall be designated by proper signs 
or legible markings showing the department of the municipality, state institution, 
or federal government in which said vehicles are employed. 

(b) The term "state," except where otherwise expressly provided, shall also 
include the territories and the federal districts of the United States. 

(c) The term "owner" shall also include any person, firm, association or corpo- 
ration renting a motor vehicle or having the exclusive use thereof, under a lease 
or otherwise, for a period greater than thirty days. As between contract vendor 
and contract vendee, the term "owner" shall refer to the contract vendee unless the 
contrary shall clearly appear from the context of this article. 

(c?) The term "manufacturer" shall include a person, firm, corporation or asso- 
ciation engaged in the manufacture of new motor vehicles, as a regular business. 

(e) The term "used vehicles" covers a motor vehicle which has been sold, bar- 
gained, exchanged, given away or title transferred from the persons who first took 

155 



2621 (j) MOTOR VEHICLES— Art. 6 Cb. 55 

out title to it from the manufacturer or importer, and so used, as to have become 
what is commonly known as "second hand" within the ordinary meaning thereof. 

(/) The term "dealer" shall embrace any person, firm or corporation or associa- 
tion engaged in the purchase and sale of motor vehicles, or in the leasing of the 
same for a period of thirty or more successive days. 

1923, c. 236, s. 1. 

2621 (j). Certificate of title for motor vehicles. After October first., nineteen 
hundred and twenty-three, no certificate of the registration of any vehicle or 
number plates therefor, whether original issues or duplicates, shall be issued or 
furnished by the secretary of state, or any other officer with such duty, unless the 
applicant therefor shall at the same time make application for an official certificate 
of title of such motor vehicle, or shall present satisfactory evidence that such a cer- 
tificate covering such motor vehicle has been previously issued to the applicant. 
Said application shall be upon a blank form to be furnished by the secretary of 
state and shall contain a full description of the motor vehicle, which said descrip- 
tion shall contain the manufacturer's number, the motor number, and any dis- 
tinguishing marks, together with a statement of the applicant's title and of any 
liens or encumbrances upon said motor vehicle and such other information as 
the secretary of state may require. 

The secretary of state, if satisfied that the applicant is the owner of such motor 
vehicle, or otherwise entitled to have the same registered in his name, shall there- 
upon issue to the applicant an appropriate certificate of title over his signature, 
authenticated by a seal to be procured and used for such purpose. Said certificates 
shall be numbered consecutively, beginning with number one, and shall contain 
such description and other evidence of identification of said motor vehicle as the 
secretary of state may deem proper, together with a statement of any liens or 
encumbrances which the application may show to be thereon. The charge for 
each original certificate of title so issued shall be fifty cents, which charge shall 
be in addition to the charge for the registration of such motor vehicle. Said certif- 
icate shall be good for the life of the car so long as the same is owned or held 
by the original holder of such certificate, and need not be renewed annually, or 
at any other time except as herein provided. On or before September first, one 
thousand nine hundred and twenty-three, it shall be the duty of the secretary of 
state to cause to be printed copies of this article and to mail to every person to 
whom the secretary of state, or other officer having the duty of registration of 
motor vehicles, has issued a certificate of registration for the year nineteen hun- 
dred twenty-three, one of such printed copies, accompanied by a blank form of 
application for a certificate of title. 

1923, c. 236, s. 2. 

262 l(k). New certificate required after sale or transfer. In the event of the 
sale or other transfer in this state after October first, nineteen hundred twenty- 
three, of the ownership of a motor vehicle for which a certificate of title has been 
issued as aforesaid, the holder of such certificate shall indorse on the back of same 
an assignment thereof, with warranty of title, in form printed thereon, with a 
statement of all liens or encumbrances on said motor vehicle, and deliver the 

156 



2621 (o) MOTOR VEHICLES— Art. 6 Oh. 55 

same to the purchaser or transferee at the time of the delivery to him of such 
motor vehicle. The purchaser or transferee shall within ten days thereafter pre- 
sent such certificate, assigned as aforesaid, to the secretary of state, accompanied 
by a fee of fifty cents, whereupon a new certificate of title shall be issued to the 
assignee. Said certificate, when so assigned and returned to the secretary of state, 
together with any subsequent assignments or reissues thereof, shall be retained 
by the secretary of state and appropriately filed and indexed, so that at all times it 
will be practicable to trace title to the motor vehicles designated therein. 
1923, c. 236, s. 3. 

2621(1). Certificate of title required to operate motor vehicles. The owner 
or any person, without consent of the owner being first obtained, who shall operate 
a motor vehicle in this state under a registration number of this state after 
October first, one thousand nine hundred and twenty-three, without first having 
made application for a certificate of title as in this article provided, shall be 
guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine 
of not less than twenty-five dollars nor more than one thousand dollars ; and from 
and after October first, one thousand nine hundred and twenty-three, any person 
who sells, a motor vehicle without complying with the requirements of section 
2621 (k) shall be guilty of a misdemeanor, and upon conviction shall be fined or 
imprisoned in the discretion of the court. 
1923, c. 236, s. 4. , 

262 l(m). Certificates of registration for motor vehicles. The secretary of 
state shall furnish with each number plate issued a receipt of registration, which 
shall contain upon the face thereof the following data : The name of the registered 
owner of the motorcycle or motor vehicle, the owner's postoffice address, the make 
of the vehicle, the registered horsepower, the registration or license number and 
date of issue of the receipt of registration. Such receipt of registration shall con- 
tain a blank space for the signature of the registered owner and shall be signed 
with ink by such owner immediately upon receipt. Said receipt of registration 
shall, at all times, while the motor vehicle for which it was issued is being operated 
within the state, be in the possession of the operator thereof, and shall be subject to 
inspection by any peace officer at any time. 

1923, c. 236, s. 5. 

262 l(n). Old certificates to be returned to secretary of state. Upon transfer 
of ownership of any motor vehicle or motorcycle, registered under this article, 
the person in whose name such motor vehicle or motorcycle is registered shall forth- 
with deliver, or forward by registered mail, the receipt of registration to the sec- 
retary of state, with a statement of the name and postoffice address of the trans- 
feree, and the date of transfer. For failure to comply with this provision within 
ten days after the date of transfer, the transferee, upon conviction, shall be fined 
not less than five dollars nor more than fifty dollars. 
1923, c. 236, s. 6. 

262 l(o). Transfer of ownership file to be kept by secretary of state. Trans- 
feree of title required to make application for new certificate. Upon receipt of 

157 



2621 (p) MOTOR VEHICLES— Aet. 6 Ch. 55 

such old certificate it shall be the duty of the secretary of state to file such receipt 
of registration in a file to be known as "the transfer of ownership file." Unless the 
transferee, as shown by the indorsement on the back of the receipt of registration, 
applies by mail, or otherwise, within ten days after the date of transfer of the 
motor vehicle for certificate of registration and title, the secretary of state shall 
notify said transferee at once to do so. Unless said transferee then makes appli- 
cation within five days after receipt of such notice from the secretary of state for 
such certificate, he shall be considered to be driving a motor vehicle without regis- 
tration, and upon conviction thereof shall be fined not less than five dollars nor 
more than fifty dollars. 
1923, c. 236, s. 7. 

2621 (p). Secretary of state may refuse to issue certificate, or revoke same if 
issued. If the secretary of state shall determine at any time that an applicant 
for a certificate of title of a motor vehicle is not entitled thereto, he may refuse to 
issue such certificate or to register such vehicle, and may for a like reason, and 
after notice and hearing, revoke registration already acquired on any outstanding 
certificate of title. 

1923, c. 236, s. 8. 

262 l(q). Penalty for false statement in application, and possession of stolen 
motor vehicle, etc. Any person who shall knowingly make any false statement 
of a material fact, either in his application for the certificate of title or in any 
assignment thereof, or who, with intent to procure or pass title to a motor 
vehicle which he knows or has reason to believe has been stolen, shall receive or 
transfer possession of the same from or to another, or who shall have in his pos- 
session any motor vehicle which he knows or has reason to believe has been stolen, 
and who is not an officer of the law engaged at the time in the performance of his 
duty as such officer, shall be deemed guilty of a felony, and upon conviction shall 
be punished by a fine of not less than one hundred dollars nor more than five 
thousand dollars or by imprisonment in any penal institution within this state 
for not less than one year nor more than five years, or both, in the discretion 
of the court. This provision shall not be exclusive of any other penalties pre- 
scribed by any existing or future laws for the larceny or unauthorized taking 
of motor vehicles, but shall be deemed supplementary thereto. 

1923, c. 236, s. 9. 

262 l(r). Certificates for dealers and manufacturers. In the case of dealers 
in motor vehicles, motorcycles, including manufacturers who sell to others than 
dealers, all of whom are intended to be covered by this and all other provisions of 
this law, a separate certificate of title, either of such dealer's immediate vendor or 
of the dealer himself, shall be required in the case of each motor vehicle in his 
possession, and the secretary of state shall determine the form in which application 
for such certificates of title and assignments thereof shall be made : Provided, 
however, that no such certificate shall be required in the case of new motor vehicles, 
sold by manufacturers to dealers as the term "dealers" is defined in section 2621 (i). 

1923, c. 236, s. 10. 

158 



2G21(v) MOTOR VEHICLES— Art. G Ch. 55 

262 l(s). Duplicate certificates where original is lost. In the case of lost 
certificates of title or registration, the loss of which is accounted for to the satis- 
faction of the secretary of state, duplicates may be issued, the charge therefor 
to be fifty cents each. 

1923, c. 236, s. 11. 

262 l(t). Alteration or forgery of certificate of title, and penalty thereof. 

Any person who shall alter or forge, or cause to be altered or forged, any certifi- 
cate of title issued by the secretary of state pursuant to the provisions of this law, 
or any assignment thereof, or who shall hold or use any such certificate or assign- 
ment knowing the same to have been altered or forged, shall be deemed guilty of 
a felony, and upon conviction thereof shall be liable to pay a fine of not less than 
one hundred dollars nor more than five thousand dollars, or to imprisonment in any 
penal institution in this state for a period of not less than one year nor more than 
five years, or both, in the discretion of the court. 
1923,. c. 236, s. 12. 

262 l(u). Report of stolen and recovered motor vehicles. It shall be the duty 
of the sheriff of every county of the state and of the chief of police or commis- 
sioner of police of every city having a population of more than ten thousand to 
make immediate report to the secretary of state of all motor vehicles reported to 
him as stolen or recovered, upon forms provided by the secretary of state. Upon 
receipt of such information the secretary of state shall file the same in an index 
to be known as the "stolen and recovered motor vehicle index." It shall also be 
the duty of the secretary of state to file reports of stolen and recovered motor 
vehicles reported to him from other states. The secretary of state shall publish 
once a month a list of all motor vehicles stolen or recovered during the previous 
month, and forward a copy of the same to every sheriff, and' all police depart- 
ments in cities with over ten thousand inhabitants. Such list shall also be for- 
warded to the secretary of state, or other proper official, in each state of the United 
States. Before issuing a certificate of title, as heretofore provided, the secretary of 
state shall check the motor and serial number on the motor vehicle to be registered 
against the "stolen and recovered motor vehicle index." 

1923, c. 236, s. 13. 

262 l(v). Licenses required of second-hand dealers. After the first day of 
January, nineteen hundred twenty-four, it shall be unlawful for any person to 
carry on or conduct in this state the business of buying, selling or dealing in used 
vehicles, unless and until he shall have received a license from the secretary of 
state authorizing the carrying on or conducting of such business : Provided, how- 
ever, that any manufacturer or importer of vehicles or his subsidiaries or selling 
agents may buy or take in trade and sell any used vehicle of his own make without 
such license. Such license shall be furnished annually by the secretary of state 
and shall run from the first day of January, nineteen hundred and twenty-four, 
and annually thereafter for each year, beginning on the first day of January. The 
application for said license shall be in such form as may be prescribed by the 
said secretary of state and subject to such rules and regulations with respect 

159 



2621 (v) MOTOR VEHICLES— Abt. 6 Ch. 55 

thereto as may be so prescribed by him. Such application shall be verified by 
oath or affirmation and shall contain a full statement of the name or names of 
the person or persons applying therefor, the name of the firm or copartnership 
with the names and places of residence of all the members thereof, if such appli- 
cant be a firm or copartnership, the name and residence of the principal officers, 
if the applicant be a body corporate or other artificial body, the name of the 
state under whose laws the corporation is organized, the location of the place or 
places at which such business is to be carried on and conducted, and said applica- 
tion shall contain such other relevant information as may be required by the 
secretary of state. It shall be accompanied by a sworn statement of two reputable 
persons of the community in which the principal place of business is to be located, 
certifying to the good moral character of the person or persons applying for such 
license. Upon making such application the person applying therefor shall pay 
to the secretary of state a fee of five dollars ($5.00) in addition to any other fees 
now required by law. A license certificate shall be issued by the secretary of 
state in accordance with such application when the same shall be regular in form 
and in compliance with the provisions of this section, and such license, when so 
issued, shall entitle the licensee to carry on and conduct the business of buying and 
selling and dealing in used vehicles for a period of one year from the first day of 
January of the current year. The secretary of state shall have the power to make 
suitable rules and regulations for the issuance of such licenses to expire upon the 
first day of January of the succeeding year, when the application therefor shall be 
made during the current year, and upon payment of a license fee of three dollars 
($3.00) : Provided, application is made after July first of any year. Any per- 
son conducting the business of buying, selling or dealing in used vehicles and 
having received a license therefor, shall, before removing any one or more of his 
places of business, or shall, before opening any additional places of business, 
apply to the secretary of state for and obtain a supplemental license, for which no 
fee shall be charged. Every such licensee shall keep a book or record in such 
form as may be prescribed or approved by the secretary of state, in which he 
shall keep a record of the purchase, sale or exchange, or receipt for the purpose of 
sale, of any second-hand vehicle, a description of such vehicles, together with the 
name and address of the seller, or the purchaser, and of the alleged owner or 
other person from whom such vehicle was purchased or received, to whom it was 
sold or delivered, as the case may be. Such description shall also include the 
engine number, if any, the maker's number, if any, chassis number, if any, and 
such other numbers or identification marks as may be thereon, and shall also in- 
clude a statement that a number has been obliterated, defaced or changed, if such 
is the fact. He shall also have in his possession a duly assigned certificate of 
title from the owner of said motor vehicle in accordance with the provisions of 
this article from the time when the motor vehicle is delivered to him until it has 
been disposed of by him. Any person guilty of violating any of the provisions of 
this section shall be deemed guilty of a felony and shall be punished by a fine of 
not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00), 
or by imprisonment in any penal institution in this state for not less than six 
months nor more than three years, or both, in the discretion of the court. 
1923, c. 236, s. 14. 

160 



2621 (z) MOTOE VEHICLES— Art. 6 Ch. 



DO 



262 l(w). Appointment of deputies, their duties, etc. The secretary of state, 
with the approval in writing of the governor, is hereby given power to appoint 
all necessary deputies, in addition to the present officers of the law, to carry out the 
provisions of this article and to incur any additional expense in the enforcement 
of this article as may be first approved by the governor in writing, and the secre- 
tary of state, together with such deputies, employees and the existing officers of 
the law, are hereby given police power and authority throughout the state, to 
arrest without writ, rule, order or process, any person in the act of violating or 
attempting to violate in his presence any of the provisions of this article, and are 
hereby made peace officers of this state for that purpose. All deputies and inspect- 
ors heretofore or hereafter appointed and commissioned under chapter fifty-five, 
Consolidated Statutes, and laws supplemental thereto or amendatory thereof, are 
hereby expressly granted the police powers given in this section. With the per- 
mission and consent of the sheriff of any county, or the chief of police of any city, 
the secretary of state is hereby authorized to employ temporarily and deputize 
any deputy sheriff or police officer to investigate any auto theft matters or other 
violations of this article, and any such officer so employed or deputized shall have 
all the authority of peace officers as heretofore provided. Any officer, or deputy 
of the secretary of state, shall have the authority and is hereby required to use 
reasonable diligence in ascertaining whether the owners and operators of motor 
vehicles are complying with the provisions of this article. All expenditures under 
the provisions of this section shall be paid from the fund hereafter designated 
as the "auto-theft fund." 
1923, c. 236, s. 15. 

262 l(x). Auto-theft fund, how used. All moneys received by the secretary 
of state under the provisions of this article shall be paid into the state treasury on 
or before the tenth of each succeeding month, and shall be set aside and known 
as the "auto-theft fund," and shall be held and retained in the state treasury as 
a separate fund to be used to meet the necessary expenses incurred by the secretary 
of state in the performance of duties required by this article and the enforcement 
of the motor license and traffic laws of the state. 

1923, c. 236, s. 16. 

262 l(y). False statements shall constitute perjury. Any person who shall 
make any false affidavit, or shall knowingly swear or affirm falsely, to any matter 
or thing required by the terms of this article to be sworn or affirmed to, shall be 
guilty of perjury, and, upon conviction, shall be punishable by a fine and imprison- 
ment as other persons committing perjury are punishable. 

1923, c. 236, s. 17. 

262 l(z). Any part declared unconstitutional shall not render remainder of 
law invalid. If any provision of this law shall be held by any court of com- 
petent jurisdiction to be unconstitutional, such provision so declared to be uncon- 
stitutional shall not affect the validity of the remainder of the law but shall only 
affect the clause or provision so held to be unconstitutional, and the remainder 
of the law shall be valid. 

1923, c. 236, s. IS. 

11 161 



CHAPTER 56 

- 

MUNICIPAL CORPORATIONS 

SUBCHAPTER I. REGULATIONS INDEPENDENT OF ACT OF 1917 

Art. 1. General Powers 

2623. Corporate powers. A city or town, is authorized : 

1. To sue and be sued in its corporate name. 

2. Out of any funds on hand, and without creating any debt, to purchase and 
hold real estate for the use of its inhabitants. 

3. To purchase and hold land, within or without its limits, not exceeding fifty 
acres, for the purpose of a cemetery, and to prohibit burial of persons at any 
other place in the town, and to regulate the manner of burial in such cemetery. 
All municipal corporations purchasing real property at any trustee's, mort- 
gagee's, or commissioner's sale or execution or tax sale shall be entitled to a 
conveyance therefor from the trustee, mortgagee or other person or officer con- 
ducting such sale, and deeds to such municipal corporations or their assigns shall 
have the same force and effect as conveyances to private purchasers. The pro- 
visions of this subsection shall apply to such sales and conveyances as may 
have been heretofore made by the persons and officers herein mentioned. 

4. To make such contracts, and purchase and hold such personal property as 
may be necessary to the exercise of its powers. 

5. To make such orders for the disposition or use of its property as the interest 
of the town requires. 

6. To grant upon reasonable terms franchises for public utilities, such grants 
not to exceed the period of sixty years, unless renewed at the end of the period 
granted ; also to sell or lease, upon such conditions and with such terms of payment 
as the city or town may prescribe, any waterworks, lighting plants, gas or electric, 
or any other public utility which may be owned by any city or town : Provided, 
that in the event of such sale or lease it shall be approved by a majority of the 
qualified voters of such city or town; and also to make contracts, for a period 
not exceeding thirty years, for the supply of light, water or other public com- 
modity. But this subsection shall not apply to Cumberland county. 

7. To provide for the municipal government of its inhabitants in the manner 
required by law. 

8. To levy and collect such taxes as are authorized by law. 

9. To do and perform all other duties and powers authorized by law. 

Rev., s. 2916; Code, ss. 704, 3817; 1901, c. 283; 1905, c. 526; 1907, c. 978; P. L. 1917, 
c. 223; E'x. Sess. 1921, c. 58. 

Art. 8. Public Libraries 

2702(a). Detention of library property after notice. Whoever willfully or 
maliciously detains any book, newspaper, magazine, pamphlet, or manuscript be- 
longing to any public library, for fifteen days after mailing or delivery in person 

162 



2776(b) MUNICIPAL CORPORATIONS— Arts. 9, 11(A) Ch. 56 

of notice in writing from the librarian of such library, given after the expiration 
of time, which by regulation of such library such book, newspaper, magazine, 
pamphlet, or manuscript may be kept, shall be guilty of a misdemeanor and pun- 
ished in the discretion of the court : Provided, that the notice required by this 
section shall bear upon its face a copy of this section. 
1921, c. 118. 

Art. 9. Local Improvements 

2717. Payment of assessment enforced. After the expiration of twenty days 
from the confirmation of an assessment roll the tax collector or such other officer 
of the municipality as the governing body may direct so to do shall cause to be 
published in a newspaper published in the municipality, or if there be no such 
newspaper, shall cause to be posted in at least three public places therein, a 
notice that any assessment contained in the assessment roll, naming and describ- 
ing it, may be paid to him at any time before the expiration of thirty days from 
the first publication of the notice without any addition. In the event the assess- 
ment be not paid within such time the same shall bear interest at the rate of six 
per cent per annum from the date of the computation and ascertainment by the 
governing body after the completion of the local improvement of the total cost 
thereof: Provided, that this shall not apply to improvements made under an 
ordinance prior to February 26, 1923, and shall become due and payable on the 
date on which taxes are payable : Provided, that where an assessment is divided 
into installments one installment shall become due and payable each year on the 
date on which taxes are due and payable. If any assessment or installment thereof 
is not paid when due, it shall be subject to the same penalties as are now prescribed 
for unpaid taxes, in addition to the interest herein provided for. 

1915, c. 56, s. 11; 1923, c. 87. 

Art. 11(A). Recreation Systems and Playgrounds 

2776(a). Application of article. "Municipality" defined. This article shall 
apply to cities, to towns, to townships, to school districts and to counties. The 
term "municipality" as used in this article includes any city, town, township, 
school district, and any county. 

1923, c. 83, s. 1. 

2776(b). Power to dedicate property already owned. Power to acquire prop- 
erty. The city council or governing body of any city or town, or the county 
commissioners or governing body of any county, or the board of trustees or govern- 
ing body of any school district may dedicate and set apart for use as playgrounds, 
recreation centers and other recreational purposes, any lands or buildings, or both, 
owned or leased by such municipality and not dedicated or devoted to another and 
inconsistent public use; and such municipality may, in such manner as may now 
or hereafter be authorized or provided by law for the acquisition of lands or 
buildings for public purposes, acquire or lease lands or buildings, or both, for 
said recreational purposes; or if there be no law authorizing such acquisition or 
leasing of such lands or buildings, the governing body of any such municipality is 

163 



2776(e) MUNICIPAL CORPORATIONS— Ai;t. 11(A) Oh. 56 

empowered to acquire lands or buildings, or both, for such purposes by gift, pur- 
chase, condemnation or lease. 
1923, c. 83, s. 2. 

2776(c). System of supervised recreation. Appropriation. Delegation of 
powers. The governing body of any municipality as defined in section 2776(a) 
shall have the power to provide, establish, maintain and conduct a system of 
supervised recreation, including playgrounds, recreation centers, and other recre- 
ational activities and facilities, and may appropriate funds for the same ; and the 
authority to provide, establish, maintain and conduct such supervised recreation 
system and facilities may be vested by the said governing body in the school board, 
park board or recreation commission, as the governing body of such municipality 
may determine. Any such board, body or commission in which shall be vested 
by appropriate action of the said governing body the authority aforesaid may for 
the purpose of carrying out the provisions of this article employ play leaders, play- 
ground directors, supervisors, recreation superintendents, or such other officers or 
employees as they deem proper. 

1923, c. 83, s. 3. 

2776(d). Powers. Components of recreation board; terms of office; compen- 
sation; vacancies. If the governing body of any municipality shall determine 
that the power to provide, establish, conduct and maintain a supervised recreation 
system and facilities, and to acquire by gift, purchase, eminent domain or lease, 
lands and buildings for such purposes, shall be exercised by a recreation board or 
commission or the school board, or park board, such governing body shall by resolu- 
tion or ordinance vest such powers in such body, and the body to which such powers 
and duties shall be thus delegated shall have the same powers which the said 
governing body would have had to effectually carry out the purposes of this article : 
Provided, however, that if there is not a recreation board or commission in exist- 
ence and it is the desire of the governing body to vest the said powers, duties and 
responsibilities in a recreation board or commission, then the said governing body 
shall have the power to create such board or commission, which shall consist of 
five persons, at least two of whom may be members of the school board, to be 
appointed by the mayor or presiding officer of such governing body, to serve for 
terms of five years or until their successors are appointed, except that the members 
of such board or commission first appointed shall be appointed for such terms 
that the term of one member shall expire annually thereafter. The members of 
such board or commission shall serve without pay. Vacancies in such board or 
commission occurring otherwise than by expiration of term shall be filled only 
for the unexpired term, and such appointment shall be filled by the mayor or 
presiding officer of the governing body. 
1923, c. 83, s. 4. 

2776(e). Cooperation. Any two or more municipalities may jointly provide, 
establish, maintain and conduct a supervised recreation system and acquire prop- 
erty for and establish and maintain ' playgrounds, recreation centers, and other 
recreational facilities and activities. 

1923, c. 83, s. 5. 

164 



2776(i) . MUNICIPAL CORPORATIONS— Akt. 11(A) Oh. 5G 

2776(f). Gifts. Deposits of funds. Payments from funds. A recreation 
board or commission or other authority in which this article vests the power to 
provide, establish, maintain and conduct such supervised recreation system may 
accept any grant or devise of real estate or any gift or bequest of money or other 
personal property or any donation to be applied, principal or income, for either 
temporary or permanent use, for playgrounds or recreation purposes, but if the 
acceptance thereof for such purpose will subject the municipality to additional ex- 
pense for improvement, maintenance, or renewal, the acceptance of any grant 
or devise of real estate shall be subject to the approval of the governing body of 
such municipality. Money received for such purpose, unless otherwise provided 
by the terms of the gift or bequest, shall be deposited Avith the treasurer of the 
municipality to the account of the recreation board or commission or other body 
having charge of such work, and the same may be withdrawn and paid out in the 
same manner as money appropriated for recreation purposes. 

1923, c. 83, s. 6. 

2776(g). Bond issues. The governing body of any municipality may, pur- 
suant to law, provide that the bonds of such municipality may be issued in the 
manner provided by law for the issuance of bonds for other purposes, for the 
purpose of acquiring lands or buildings for playgrounds, recreation centers and 
other recreational purposes, and for the equipment thereof. 

1923, c. 83, s. 7. 

2776(h). Petition for establishment of system and levy of tax. Election. 

Whenever a petition signed by at least twenty-five per cent of the qualified and 
registered voters in any municipality shall be filed in the office of the clerk of such 
municipality, requesting the governing body of such municipality to provide, estab- 
lish, maintain and conduct a supervised recreation system and to levy an annual 

tax for the conduct and maintenance thereof of not less than mills nor more 

than mills on each dollar of assessed valuation of all taxable property within 

the corporate limits of such municipality, said petition setting forth definitely 
the maximum and minimum rate of said proposed tax, it shall be the duty of the 
governing body of such municipality to cause the question of the establishment, 
maintenance and conduct of such supervised recreation system as in the judgment 
of the governing body it may be advisable and practicable to provide, conduct and 
maintain out of the tax funds thus provided, to be submitted to the voters at a 
special election to be held as now provided by law for special elections for municipal 
corporations. Except the board ordering said election may fix the date thereof : 
Provided, the petition shall have been filed at least thirty days prior to the date 
of such election : Provided further, there shall be no new registration under this 
article. 

1923, c. 83, s. 8. 

2776 (i). Resolution for establishment, maintenance, and conduct of system. 
Appointment of recreation commission. Upon the adoption of the proposition 
provided for in the preceding section at the election therein provided for the 
governing body of the municipality shall by appropriate resolution provide for 

165 



2776 (j) MUNICIPAL CORPORATIONS— Akt. 11(B) Qh. 56 

the establishment, maintenance and conduct of such supervised recreation system 
as they may deem advisable and practicable to provide and maintain out of the 
tax money thus voted. And the said governing body may designate, by appropriate 
resolution or ordinance, the body or commission to be vested with the powers, 
duties and obligations necessary for the establishment, maintenance and conduct 
of such recreation system as provided in this article. 
1923, c. 83, s. 9. 

2776 (j). Playground and recreation tax. The governing body of any munici- 
pality adopting the provisions of this article at an election shall thereafter 
annually levy and collect a tax of not less than the minimum nor more than the 
maximum amount set out in the said petition for such election, which tax shall be 
designated as the "playground and recreation tax" and shall be levied and collected 
in like manner as the general tax of the municipality, but the same shall be in 
addition to and exclusive of all other taxes such municipality may levy or collect, 
nor shall such tax be scaled down under any existing law. 

1923, c. 83, s. 10. 

2776 (k). Advice and counsel of state director of physical education. The 

state board of education may, upon request of such municipality, give to any 
municipality adopting or considering the adoption of, the provisions of this article 
the benefit of the expert advice and counsel of the state director of physical edu- 
cation provided for in section 5401 and may from time to time make and issue for 
the benefit of municipalities general suggestions furthering the purposes of this 
article. 

1923, c. 83, s. 11. 

2776(1). Laws not repealed or impaired. This article does not repeal nor im- 
pair any power now vested by law in any municipality or park or recreation board 
or commission. 

1923, c. 83, s. 12. 

Akt. 11(B). Market Houses 

2776 (m). Municipalities and counties authorized to act jointly; location of 
house, etc. The governing body of any city or town of over five thousand in- 
habitants and the county commissioners of the county in which such city or town 
is situated shall have the right, and they are fully authorized and empowered 
to jointly establish, own, maintain and operate a market house or market houses 
within the corporate limits of such city or town. For the purposes aforesaid such 
city or town and county may lease, purchase or otherwise acquire, and own and 
hold as tenants in common of equal interest, land necessary as a site for such 
market house or houses, and build and erect thereon such market house or houses, 
the cost thereof to be borne and paid equally by such city or town and county: 
Provided, however, that the cost of any such building or buildings shall not be 
less than two thousand five hundred dollars ($2,500.00) nor more than one hundred 
thousand dollars ($100,000.00). In connection with and as a part of such market 
house or houses, the governing body of such city or town and the commissioners 

166 



2776(o) MUNICIPAL COEPORATIONS— Art. 11(B) Ch. 56 

of such county may also provide, establish, maintain and operate open-air market 
places, slaughter places or abattoirs, a cold storage plant and a canning plant 
for the purpose of preserving and canning such fruits, vegetables and other pro- 
duce as may be left unsold from day to day or may be in excess of present market 
requirements, or which may be bought, and to establish, maintain and operate 
places, scales, and equipment for the weighing, measuring and grading of corn, 
grain, fodder, vegetables, fruits and other like farm products, and for such pur- 
poses to appoint an official weigher, fix his fees and make reasonable rules, regu- 
lations and charges covering such services. 
1923, c. 158, s. 1. 

2776 (n). Control and management; regulations; leasing space; inspection; 
keeper. Such market house or houses and appurtenances shall be under the 
joint control and management of such city or town and such county, and they shall 
make all necessary rules and regulations covering the maintenance and operation 
thereof not inconsistent with this article; they may provide for the leasing or let- 
ting of stalls or space therein to persons, firms or corporations, and fix the rental 
thereof, and may prescribe the time, place and manner of sale of fish, meats, fruits, 
vegetables, and other produce therein, and provide for the inspection of all food- 
stuffs offered for sale therein and the condemnation of such as may be unfit for sale 
and consumption; they may elect or employ a keeper of such market house or 
houses and fix his compensation : Provided, the term of office of such keeper shall 
not exceed two years. 

1923, c. 158, s. 2. 

2776 (o). Directors. Organization of board. Powers. Accounts. The en- 
tire direct management and operation of such market house or houses established 
under this article shall be vested in a board of directors to consist of six mem- 
bers, and the mayor of the city and the chairman of the commissioners of the 
county in which such market house or houses are located shall be ex officio mem- 
bers of said board; of the other four members of said board, two, one of whom 
shall be a man and one a woman, shall be elected and appointed by the governing 
body of the city immediately following the time of the regular biennial May elec- 
tion of city officials, by said governing body, and the other two members, one of 
whom shall be a man and one a woman, shall be elected and appointed by the 
county commissioners at their regular meeting in May of the same year, and the 
four members so elected shall serve for terms of two years, and until their successors 
shall have been elected and qualified : Provided, that the first board of directors 
may be elected at any time after establishment of such market house or houses, to 
serve until the time of the next regular municipal election. The said board shall 
organize and elect a chairman, secretary and treasurer from among its member- 
ship, may adopt by-laws for its own government and exercise the usual powers 
inherent in such bodies ; they shall keep accurate minutes of their transactions 
and meetings, and keep or have kept accurate accounts of all moneys and prop- 
erty coming into their hands. Said board shall make and promulgate such rules 
and regulations for the operation, management and use of such market house or 
houses as it may deem advisable, not inconsistent with this article and not incon- 

167 



2776 (p) MUNICIPAL CORPORATIONS— Art. 11(C) Oh. 56 

sistent with such rules and regulations as may be adopted from time to time by the 
governing bodies of such city or town and county, and employ such help as may 
be necessary in the operation thereof. 
1923, c. 158, s. 3. 

2776 (p). Special tax. Specific appropriation. To assist in and provide 
funds for the carrying out of the provisions and purposes of this article, the county 
commissioners of the county and the governing body of the city in which any 
market house or houses may be established under this article may each levy 
annually, as a part of their general levy for general purposes and not as a specially 
authorized tax, a tax of not exceeding two cents on each one hundred dollars 
($100.00) value of real and personal property within their respective jurisdictions, 
which shall be collected as other taxes, kept in a separate fund and be used ex- 
clusively for the purposes contemplated and set forth in this article : Provided, 
however, that nothing in this section contained shall be held or construed to 
authorize or allow any city, town or county to levy any tax in excess of the amount 
now or hereafter limited by any general law or special charter. 
1923, c. 158, s. 4. 

2776 (q). Repeal of inconsistent laws; effect. This article shall in no way 
affect any laws now in force in reference to market house or houses now in 
existence or the establishment or maintenance of market house or houses in 
towns of less than five thousand inhabitants under the laws now in force. 

1923, c. 158, s. 5. 

Art. 11(C). Zoning Regulations 

2776 (r). Grant of power. For the purpose of promoting health, safety, 
morals or the general welfare of the community, the legislative body of cities and 
incorporated towns is hereby empowered to regulate and restrict the height, 
number of stories and size of buildings and other structures, the percentage of 
lot that may be occupied, the size of yards, courts and other open spaces, the 
density of population, and the location and use of buildings, structures and land 
for trade, industry, residence or other purposes. Such regulations may provide 
that a board of adjustment may determine and vary their application in harmony 
with their general purpose and intent and in accordance with general or specific 
rules therein contained. 

1923, c. 250, s. 1. 

2776 (s). Districts. For any or all said purposes it may divide the munici- 
pality into districts of such number, shape and area as may be deemed best suited 
to carry out the purposes of this article ; and within such districts it may regulate 
and restrict the erection, construction, reconstruction, alteration, repair or use of 
buildings, structures or land. All such regulations shall be uniform for each 
class or kind of building throughout each district, but the regulations in one 
district may differ from those in other districts. 

1923, c. 250, s. 2. 

2776 (t). Purposes in view. Such regulations shall be made in accordance 
with a comprehensive plan and designed to lessen congestion in the streets; to 

168 



27Y6(x) MUNICIPAL CORPORATIONS— Art. 11(C) Ch. 5G 

secure safety from fire, panic and other dangers; to promote health and the general 
welfare ; to provide adequate light and air ; to prevent the overcrowding of land ; 
to avoid undue concentration of population ; to facilitate the adequate provision 
of transportation, water, sewerage, schools, parks and other public requirements. 
Such regulations shall be made with reasonable consideration, among other 
things, as to the character of the district and its peculiar suitability for particular 
uses, and with a view to conserving the value of buildings and encouraging the 
most appropriate use of land throughout such municipality. 
1923, c. 250, s. 3. 

2776 (u). Method of procedure. The legislative body of such municipality 
shall provide for the manner in which such regulations and restrictions and the 
boundaries of such districts shall be determined, established and enforced, and 
from time to time amended, supplemented or changed. However, no such regula- 
tion, restriction or boundary shall become effective until after a public hearing in re- 
lation thereto, at which parties in interest and citizens shall have an opportunity 
to be heard. At least fifteen days notice of the time and place of such hearing 
shall be published in an official paper or a paper of general circulation in such 
municipality. 

1923, c. 250, s. 4. 

2776 (v). Changes. Such regulations, restrictions and boundaries may from 
time to time be amended, supplemented, changed, modified or repealed. In case, 
however, of a protest against such change signed by the owners of twenty per cent 
or more either of the area of the lots included in such proposed change or of those 
immediately adjacent in the rear thereof extending one hundred feet therefrom, 
or of those directly opposite thereto extending one hundred feet from the street 
frontage of such opposite lots, such amendment shall not become effective except 
by the favorable vote of three-fourths of all the members of the legislative body of 
such municipality. The provisions of the previous section relative to public 
hearings and official notice shall apply equally to all changes or amendments. 

1923, c. 250, s. 5. 

2776 (w). Zoning commission. In order to avail itself of the powers con- 
ferred by this article, such legislative body shall appoint a commission to be known 
as the zoning commission to recommend the boundaries of the various original 
districts and appropriate regulations to be enforced therein. Such commission 
shall make a preliminary report and hold public hearings thereon before sub- 
mitting its final report, and such legislative body shall not hold its public hearings 
or take action until it has received the final report of such commission. Where 
a city plan commission already exists, it may be appointed as the zoning com- 
mission. 

1923, c. 250, s. 6. 

2776 (x). Board of adjustment. Such legislative body may provide for the 

appointment of a board of adjustment consisting of five members, each to be ap- 
pointed for three years. Such board of adjustment shall hear and decide appeals 

169 



2776 (y) MUNICIPAL CORPORATIONS— Art. 11(C) Ch. 56 

from and review any order, requirement, decision or determination made by an 
administrative official charged with the enforcement of any ordinance adopted 
pursuant to this act. It shall also hear and decide all matters referred to it or 
upon which it is required to pass under any such ordinance. The concurring vote 
of four members of the board shall be necessary to reverse any order, requirement, 
decision or determination of any such administrative official, or to decide in favor 
of the applicant any matter upon which it is required to pass under any such 
ordinance or to effect any variation in such ordinance. Every decision of such 
board shall, however, be subject to review by proceedings in the nature of certiorari. 
Such appeal may be taken by any person aggrieved or by an officer, department, 
board or bureau of the municipality. Such appeal shall be taken within such 
time as shall be prescribed by the board of adjustment by general rule, by filing 
with the officer from whom the appeal is taken and with the board of adjustment 
a notice of appeal, specifying the grounds thereof. The officer from whom the 
appeal is taken shall forthwith transmit to the board all the papers constituting 
the record upon which the action appealed from was taken. An appeal stays all 
proceedings in furtherance of the action appealed from, unless the officer from 
whom the appeal is taken certifies to the board of adjustment, after the notice of 
appeal shall have been filed with him, that by reason of facts stated in the cer- 
tificate a stay would, in his opinion, cause imminent peril to life or property, in 
which case proceedings shall not be stayed otherwise than by a restraining order, 
which may be granted by the board of adjustment or by a court of record on ap- 
plication, on notice to the officer from whom the appeal is taken and on due cause 
shown. The board of adjustment shall fix a reasonable time for the hearing of 
the appeal and give due notice thereof to the parties, and decide the same within 
a reasonable time. Upon the hearing, any party may appear in person or by 
agent or by attorney. The board of adjustment may reverse or affirm, wholly or 
partly, or may modify the order, requirement, decision or determination appealed 
from, and shall make such order, requirement, decision or determination as in its 
opinion ought to be made in the premises, and to that end shall have all the 
powers of the officer from whom the appeal is taken. Where there are practical 
difficulties or unnecessary hardships in the way of carrying out the strict letter 
of such ordinance, the board of adjustment shall have the power, in passing 
upon appeals, to vary or modify any of the regulations or provisions of such ordi- 
nance relating to the use, construction or alteration of buildings or structures or the 
use of land, so that the spirit of the ordinance shall be observed, public safety 
and welfare secured and substantial justice done. 
1923, c. 250, s. 7. 

2776 (y). Remedies. In case any building or structure is erected, con- 
structed, reconstructed, altered, repaired, coverted, or maintained, or any building, 
structure or land is used in violation of this article or of any ordinance or other 
regulation made under authority conferred thereby, the proper local authorities of 
the municipality, in addition to other remedies, may institute any appropriate 
action or proceedings to prevent such unlawful erection, construction, reconstruc- 
tion, alteration, repair, conversion, maintenance or use, to restrain, correct or 

170 



2787 MUNICIPAL COKPOKATIONS— Art. 15 Oh. 56 

abate such violation, to prevent the occupancy of said building, structure or land, 
or to prevent any illegal act, conduct, business or use in or about such premises. 
1923, c. 250, s. 8. 

2776 (z). Conflict with other laws. Wherever the regulations made under 
authority of this article require a greater width or size of yards or courts, or re- 
quire a lower height of building or less number of stories, or require a greater per- 
centage of lot to be left unoccupied, or impose other higher standards than are 
required in any other statute or local ordinance or regulation, the provisions of 
the regulations made under authority of this act shall govern. Wherever the 
provisions of any other statute or local ordinance or regulation require a greater 
width or size of yards or courts, or require a lower height of building or a less 
number of stories, or require a greater percentage of lot to be left unoccupied, 
or impose other high standards than are required by the regulations made under 
authority of this article, the provisions of such statute or local ordinance or regu- 
lation shall govern. 

1923, c. 250, s. 9. 

2776 (aa). Other statutes not repealed. This article shall not have the effect of 
repealing any zoning act or city planning act, local or general, now in force, 
except as to such provisions thereof as are repugnant to or inconsistent herewith ; 
but it shall be construed to be in enlargement of the duties, powers and authority 
contained in such statutes and all other laws authorizing the appointment and 
proper functioning of city planning commissions or zoning commissions by any city 
or town in the state of North Carolina 

1923, c. 250, s, 11. 

SUBCHAPTER II. MUNICIPAL CORPORATION ACT OF 1917 
Art. 15. Powers of Municipal Corporations 

Part 1. General Powers Enumerated 

2787. Corporate powers. In addition to and coordinate with the power granted 
to cities in subchapter I of this chapter, and any acts affecting such cities, all 
cities shall have the following powers : 

1. To acquire property in fee simple or a lesser interest or estate therein by 
purchase, gift, devise, bequest, appropriation, lease, or lease with privilege to 
purchase. 

2. To sell, lease, hold, manage, and control such property and make all rules 
and regulations by ordinance or resolution which may be required to carry out 
fully the provisions of any conveyance, deed, or will in relation to any gift or 
bequest, or the provisions of any lease by which the city may acquire property. 

3. To purchase, conduct, own, lease, and acquire public utilities. 

4. To appropriate the money of the city for all lawful purposes. 

5. To create, provide for, construct, regulate, and maintain all things in the 
nature of public works, buildings, and improvements. 

171 



2787 MUNICIPAL CORPORATIONS— Art. 15 Ch. 56 

6. To supervise, regulate, or suppress, in the interest of public morals, public 
recreations, amusements and entertainments, and to define, prohibit, abate, or 
suppress all things detrimental to the health, morals, comfort, safety, conven- 
ience, and welfare of the people, and all nuisances and causes thereof. 

7. To pass such ordinances as are expedient for maintaining and promoting the 
peace, good government, and welfare of the city, and the morals and happiness 
of its citizens, and for the performance of all municipal functions. 

8. To provide for the destruction of noxious weeds, and- for payment of the 
expense thereof by assessment or otherwise. 

9. To regulate the erection of fences, billboards, signs, and other structures, 
and provide for the removal or repair of insecure billboards, signs, and other 
structures. 

10. To make and enforce local police, sanitary, and other regulations. 

11. To open new streets, change, widen, extend, and close any street that is 
now or may hereafter be opened, and adopt such ordinances for the regulation 
and use of the streets, squares, and parks, and other public property belonging to 
the city, as it may deem best for the public welfare of the citizens of the city. 

12. To acquire, lay out, establish, and regulate parks within or without the 
corporate limits of the city for the use of the inhabitants of the same. 

13. To erect, repair, and alter all public buildings. 

14. To regulate, restrain, and prohibit the running or going at large of horses, 
mules, cattle, sheep, swine, goats, chickens, and all other animals and fowl of 
whatsoever description, and to authorize the distraining and impounding and 
sale of the same for the costs of the proceedings and the penalty incurred and to 
order their destruction when they cannot be sold, and to impose penalties on 
the owners or keepers thereof for the violation of any ordinance or regulation 
of said governing body, and to prevent, regulate, and control the driving of 
cattle, horses, and all other animals into or through the streets of the city. 

15. To regulate and control plumbers and plumbing work, and to enforce effi- 
ciency in the same by examination of such plumbers and inspection of such 
plumbing work. 

1G. To regulate, control, and prohibit the keeping and management of houses 
or any building for the storage of gunpowder and other combustible, explosive, 
or dangerous materials within the city, and to regulate the keeping and convey- 
ing of the same, and to authorize and regulate the laying of pipes and the location 
and construction of houses, tanks, reservoirs, and pumping stations for the 
storage of oil and gas. 

17. To regulate, control, restrict, and prohibit the use and explosion of dyna- 
mite, firecrackers, or other explosives or fireworks of any and every kind, whether 
included in the above enumeration or not, and the sale of same, and all noises, 
amusements, or other practices or performances tending to annoy or frighten per- 
sons or teams, and the collection of persons on the streets or sidewalks or other 
public places in the city, whether for purposes of amusement, business, curiosity, or 
otherwise. 

18. To direct, control, and prohibit the laying of railroad and street railway 
tracks, turnouts, and switches in the streets, avenues, and alleys of the city 
unless the same shall have been authorized by ordinance, and to require that all 

172 



2787 MUNICIPAL CORPOKATIONS— Art. 15 Ok 56 

railroads, street railways, turnouts and switches shall be so constructed as not to 
interfere with the drainage of the city and with the ordinary travel and use of 
the streets, avenues, and alleys in the city, and to construct and keep in repair 
suitable crossings at the intersection of streets, avenues, and alleys and ditches, 
sewer and culverts, where the governing body shall deem it necessary, and to 
direct the use and regulate the speed of locomotive engines, trains, and cars 
within the city. 

19. To make all suitable and proper regulations in regard to the use of the 
streets for street cars, and to regulate the speed, running, and operation of the 
same so as to prevent injury or inconvenience to the public. 

20. To make such rules and regulations in relation to butchers as may be 
necessary and proper; to establish and erect market houses, and designate, con- 
trol, and regulate market places and privileges. 

21. To prohibit and punish the abuse of animals. 

22. To acquire, establish, and maintain cemeteries and to regulate the burial 
of the dead and the registration of deaths, marriages, and births. 

23. To prohibit prize-fighting, cock and clog fighting. 

2*4. To regulate, restrict, and prohibit theaters, carnivals, circuses, shows, 
parades, exhibitions of showmen, and* shows of any kind, and the exhibition of 
natural or artificial curiosities, caravans, menageries, musical and hypnotic 
exhibitions and performances. 

25. To create and administer a special fund for the relief of indigent and 
helpless members of the police and fire departments who have become superannu- 
ated, disabled, or injured in such service, and receive donations and bequests 
in aid of such fund and provide for its permanence and increase, and to pre- 
scribe and regulate the conditions under which, and the extent to which, the 
same shall be used for the purpose of such relief. Also, to insure policemen, 
firemen, or any class of city employees against death or disability, or both, during 
the term of their employment, under forms of insurance known as group insurance ; 
the amount of benefit on the life of any one person not to exceed the sum of two 
thousand dollars, and the premiums on such insurance to be payable out of the 
current funds of the municipality. 

26. To prevent and abate nuisances, whether on public or private property. 

27. To regulate and prohibit the carrying on of any business which may be 
dangerous or detrimental to health. 

28. To condemn and remove any and all buildings in the city limits, or cause 
them to be removed, at the expense of the owner or owners, when dangerous to 
life, health, or other property, under such just rules and regulations as it may 
by ordinance establish ; and likewise to suppress any and all other nuisances 
maintained in the city. 

29. To provide for all inspections which may be expedient, proper, or neces- 
sary for the welfare, safety, and health of the city and its citizens, and regulate 
the fees for such inspection. 

30. To require any or all articles of commerce or traffic to be gauged, inspected, 
measured, weighed, or metered, and to require every merchant, retail trader or 
dealer in merchandise or property of any description which is sold by weight or 
measure to have such weights and measures sealed and to be subject to inspection. 

173 



2787 MUNICIPAL CORPORATIONS— Art. 15 Ch. 56 

31. To provide for the regulation, diversion, and limitation of pedestrians 
and vehicular traffic upon public streets, highways, and sidewalks of the city. 

32. To require the examination of all drivers of motor vehicles upon the 
streets and highways of the city, to prescribe fees for such examinations, and to 
prevent the use of such vehicles by all persons who shall not satisfactorily pass 
such examination. 

33. To regulate the emission of smoke within the city. 

34. To license, prohibit, and regulate pool and billiard rooms and dance halls, 
and in the interest of public morals provide for the revocation of such licenses. 

35. To regulate and control electricians and electrical work and to enforce 
efficiency in the same by examination of such electricians and inspection of such 
electrical work. 

36. To license and regulate all vehicles operated for hire in the city. 

37. To acquire property in fee simple and to use the lands now owned in fee 
simple or otherwise for the purpose of establishing and maintaining new ceme- 
teries. To abandon any cemetery which has not been used for interment purposes 
within ten years, and to remove or consolidate such cemetery, so abandoned, 
and the monuments, tombstones, fences, walls and enclosures, and the contents 
of any graves therein, or any part of either, at its own expense, to or with any 
established cemetery maintained for interment purposes ; to take possession of, 
convey or utilize the lands in such abandoned cemetery, or any part thereof, as 
may best subserve the interests of the city or town. 

38. In cities or towns having a population of not less than twenty thousand 
inhabitants, the governing bodies may, in their discretion, create and establish a 
civil service with reference to any and all of the employees of such munici- 
palities, and prescribe rules and regulations for the conduct and government of 
such civil service. 

39. Every incorporated city or town in the state, in addition to the other powers 
granted unto it by this chapter, shall have the f ollowing enumerated powers : 

Whenever there shall be in any incorporated city or town a lot or lots owned 
by one or more persons, upon which water shall collect, either by falling upon the 
said lot or lots or collected thereon by drainage or otherwise from adjacent lots, 
no adequate drainage from which is provided by natural means, the governing body 
of any such city or town, upon being advised by the health officer of the said city 
or town, or the health officer of the county in which the town is located, that the 
conditions so existing are, or are liable to become, a nuisance and a menace to 
health in such city or town, is authorized to abate the nuisance, and to that end 
may proceed to abate it in the following manner : 

Such city or town shall cause a survey to be made by a competent engineer to 
ascertain the means and methods and costs of providing an adequate drainage 
from such lot or lots and such engineer shall prepare plans and specifications to 
provide such drainage, with the estimated cost thereof and in making such survey 
he shall include therein the area of adjoining and adjacent lots which will be 
drained by such system of drainage. He shall also include in such survey the 
area of all adjoining and adjacent lots from which water flows and is gathered upon 
the lot or lots which are to be drained. The city or town shall thereupon cause 
notice to be published once in a newspaper published in the municipality, or if no 

174 



2787 MUNICIPAL CORPORATIONS— Art. 15 Ch. 56 

newspaper is published in the municipality, then in a newspaper published in the 
county and of general circulation in the municipality, or if no newspaper is pub- 
lished in the county, said notice shall be posted in three public places in the 
municipality, which notice shall state in general and briefly the fact that a nuisance 
has been created and so declared, and that it is the purpose of the city or town to 
abate the same by causing a system of drainage to be put in, and that the cost 
thereof is to be paid or assessed in one of the ways hereinafter provided, that the re- 
port of the engineer is on file and subject to inspection, and that on a date to be 
named in the notice a hearing will be had before the board as to whether the plan 
shall be adopted and the assessment made, at which hearing the persons affected may 
be present and present such objections as they may have to the adoption of the 
report of the engineer and the doing of the work. Said notice shall also contain 
the names of the owners of the property affected in so far as the same can be 
ascertained on reasonable inquiry. Said notice shall be published or posted at 
least ten days before the hearing. 

At the hearing provided for, if the governing body of the city or town shall 
determine that the work shall be done, and that the plans and specifications of the 
engineer are proper, it may adopt the said plans and specifications, and have 
the work done, either by letting a contract therefor or otherwise, and in the event 
a contract is let, it shall be advertised as is provided for in other cases of munici- 
pal work. 

At the hearing above provided for, the governing body shall also determine the 
manner in which the cost of said work shall be paid or assessed, which shall be in 
either of the following ways: («) Each and every lot affected by the plan or 
system shall be assessed with the cost thereof upon the following basis : that is to 
say, such proportion of the total cost of the survey and construction as the area of 
said lot bears to the total area as shown by the plans of the engineer when adopted 
by the governing body, which sum shall be due in such annual installments as the 
governing body may determine, which shall not exceed five in number, and such 
installments shall bear interest; (b) The cost of the survey and the construction 
of the main drains shall be borne by the municipality, and the cost of construction of 
tributary drains shall be assessed against the lots on which such tributary drains 
are constructed so that each lot shall bear the expense of tributary drains con- 
structed on it. Said assessments shall be due 'in such annual installments as the 
governing body may determine, which shall not exceed five in number, and such 
installments shall bear interest. 

The area which shall be included within and drained by the plans and specifi- 
cations as herein provided for is hereby declared to be a "special improvement dis- 
trict." 

For the purpose of enabling the governing body of the city or town to obtain 
money with which to pay for the improvement herein authorized to be made, 
such governing body is hereby authorized and empowered to execute the notes of 
such city or town, payable in such installments as are the assessments, and the 
assessments made shall be pledged for the payment of the said notes ; such notes 
shall bear a rate of interest not exceeding six per cent and may be sold publicly or 
privately at not less than par and accrued interest, and shall be due in not more than 

175 



2792 MUNICIPAL CORPORATIONS— Art. 15 Ch. 56 

five years, and at such time and in such installments as the assessments made shall 
be due : Provided, the due date of the notes may he made sixty days after the 
due date of any of the assessments. Provided further, that if the cost of drainage 
is to be paid as provided in subdivision (b) of the second preceding paragraph, 
the governing body is authorized and directed to levy annually a tax which, with 
the assessments, will be sufficient to pay the principal and interest of said notes or 
installments as the same become due. 

The full faith and credit of such city or town shall be pledged for the payment 
of the said notes and interest when due. 

The powers herein contained and hereby conferred are additional to any other 
powers conferred by any other law or laws, and are not affected by any limita- 
tions imposed by any other law. 

The assessments, when made, shall be a lien upon the property benefited, and 
shall be collectible by the same means and methods as are other assessments for 
local or special improvements as is provided for in article nine of this chapter. 

All acts or proceedings done or taken under this subdivision of this section 
prior to February 17, 1923, shall be valid. 

1917, c. 136, sub-ch. 5, s. 1; 1919, cc. 136, 237; Ex. Sess. 1921, c. 21; 1923, c. 102. 

■ Part 2. Power to Acquire Property 

2792. By condemnation. If such governing body, board, commission or de- 
partment of the government of such city are unable to agree with the owners 
thereof for the purchase of such land, right of way, privilege, or easement, for the 
purposes mentioned in the preceding section, or for a site for city hall purposes, 
condemnation of the same for such public use may be made in the same manner 
and under the same procedure as is provided in chapter Eminent Domain, article 
2 ; and the determination of the governing body, board, commission, or depart- 
ment of government of such city of the land necessary for such purposes shall be 
conclusive. 

1917, c. 136, sub-ch. 4, s. 1; 1919, q 262; 1923, c. 181. 

2792(a). Powers in addition and supplementary to powers in charters. It 

is the intention of this law that the powers herein granted to cities for the pur- 
pose of improving their streets and improving their drainage and sewer conditions 
shall be in addition and supplementary to those powers granted in their charters, 
and in any case in which the provisions of this law are in conflict with the provi- 
sions of any local statute or charter, then the governing body of any such munici- 
pality may in its discretion proceed in accordance with the provisions of such local 
statute or charter, or, as an alternative method of procedure, in accordance with 
the provisions of this law. 
1923, c. 220, s. 1. 

2792(b). Order for condemnation of land. Assessment districts. Maps and 
surveys. Hearing. When it is proposed by any municipal corporation to con- 
demn any land, rights, privileges or easements for the purpose of opening, ex- 
tending, widening, altering or improving any street or alley, or changing or im- 

176 



2792(d) MUNICIPAL CORPORATIONS— Anx. 15 Ch. 56 

proving the channel of any branch or watercourse, for the purpose of improving the 
drainage conditions, or the laying and construction of sanitary, storm, or trunk 
sewer lines in such municipality, an order or resolution of the governing body of 
the municipality at a regular or special meeting shall be made stating generally, or 
as nearly as may be, the nature of the proposed improvement for which the land is 
required, and shall lay out, constitute and create an assessment district extending 
in every direction to the limits of the area or zone of damage or special benefits 
to property resulting from said improvement, in the best judgment of said governing 
body. Said governing body shall cause such maps and surveys to be made showing 
the area of such assessment district and improvements proposed to be made, and 
of all the lands located in said assessment district, as it may deem necessary. The 
governing body shall appoint a time and place for its final determination thereof, 
and cause notice of such time and a brief description of such proposed improvement 
to be published in some newspaper published in said municipality for not less than 
ten days prior to said meeting. At said time and place said governing body shall 
hear such reasons as shall be given for or against the making of such proposed im- 
provement, and it may adjourn such hearing to a subsequent time. 
1923, c. 220, s. 2. 

2792(c). Final order. Petition for appointment of commissioners. When- 
ever a final order shall be made by such governing body creating such assessment 
district and directing the laying out, opening, extending, altering, straightening or 
widening any street or alley, or the changing or otherwise improving any channel 
or watercourse for the purpose of improving the drainage conditions, or the 
building and construction of any sanitary, storm or trunk sewer lines in any such 
municipality, also its determination to condemn land, rights, privileges or ease- 
ments for the purpose of making such proposed improvement, it shall determine 
what proportion of the estimated cost thereof, if any, shall be assessed against the 
city at large. After the adoption of such final order, as aforesaid, the governing 
body of such municipality shall file with the clerk of the superior court its petition, 
praying for the appointment of three commissioners to estimate and assess the 
expenses of the proposed improvement and to appraise and value the real prop- 
erty, rights, privileges or easements proposed to be taken or condemned for public 
use, also to appraise the value of the benefits accruing from such improvement 
to all property as shown and described on the maps or surveys of such assessment, 
district. The petition shall set forth and describe the particular property, rights, 
privileges or easements proposed to be taken or condemned for the purposes, as 
aforesaid, also all other property' situated and located in said assessment district, as 
shown on the maps or surveys of same, a copy or copies of which maps or surveys 
shall be filed with such petition, and such petition shall state the names and ad- 
dresses of the owner or owners who have any interest in the lands therein which may 
be affected by the said condemnation or the said assessment of benefits, and whether 
any of the said owners are minors or without guardians. 

1923, c. 220, s. 3. 

2792(d). Summons; return day; conduct of> proceedings. Upon the filing of 
said petition the clerk of the superior court shall issue a summons to the parties 

13 177 



12792(e) MUNICIPAL CORPORATIONS— Art. 15 Ch. 56 

interested in the lands, rights, privileges or easements sought to be taken for public 
use and benefits proposed to be assessed, described in such petition, requiring them 
to appear at his office in the courthouse of said county on a day at least ten and 
not more than twenty days after the service of said summons, and answer or 
otherwise plead to the petition, or show cause Avhy such condemnation, improvement 
and assessment of benefits should not be made. The said proceeding shall be con- 
ducted in all respects as are other special proceedings, and the clerk may issue pro- 
cess and make publication for parties and appoint guardians in like manner as is 
provided by law in the case of special proceedings. 
1923, c. 220, s. 4. 

2792(e). Hearing; appointment of commissioners. Damages and benefits. 

The clerk of the superior court shall hear the proofs and allegations of the parties, 
and if no sufficient cause is shown against granting the prayer of the petition, he 
shall make an order appointing three disinterested competent freeholders of the 
county as such commissioners. The clerk shall issue a notice of their appoint- 
ment to the said freeholders, to be served upon them by the sheriff of the county, 
and when so notified, they shall, within five days after being sworn to perform the 
duties which shall devolve upon them, go upon the premises and ascertain the 
value of the land, rights, privileges or easements to be taken for public use, de- 
termine by a majority vote the amount of damages, if any, to be paid for the 
same. Said commissioners shall also go upon the lots or lands described in the 
petition and shown on such map or survey of such assessment district, including 
the land condemned or any remainder thereof, and ascertain and determine by a 
majority vote the value of the benefits or advantages to such lots or lands accruing 
from the opening, extending, widening or improving said street or alley, or the 
changing or improving the channel of any branch or watercourse, or the building 
and construction of such sanitary, storm or trunk line sewers, both such benefits 
or advantages as are special to such lots and the benefits or advantages in common 
with other lots located in said assessment district : Provided, that if, in the judg- 
ment of the commissioners, any portion of the benefits accrue to the city at large, 
then a part of the estimated cost of such improvement, not exceeding the pro- 
portion fixed by said governing body in its final order or resolution, shall be 
assessed upon the city at large. Before making the reports hereinafter referred 
to the commissioners may take the evidence of witnesses as to the estimated 
cost of such improvement, the damage to such land or lands so condemned for 
public use, and the amount that should be paid therefor, and the benefits accruing 
to all other lands within such assessment district, either special or in common 
with others, as shown on such map or survey. In making the valuation and as- 
sessments aforesaid, the commissioners shall consider the loss or damage that may 
accrue to the owner or owners of the land condemned by reason of the surrender of 
the land or easement, and also any benefit or advantage such owner or owners may 
receive by reason of the making of such improvements, special to his land or in 
common with other lots located in said assessment district. 
1923, c. 220, s. 5. 

178 



2792(h) MUNICIPAL CORPORATIONS— Act. 15 Ch. 56 

2792(f). Written reports. Land acquired on deposit of award. The said 
commissioners shall make a separate written report of their findings to the clerk of 
the superior court within ten days after notice of their appointment, relative to 
the land, rights, privileges or easements so condemned, together with the amount 
to be paid each owner thereof, and upon deposit with the said clerk of the amount 
determined by said commissioners to be due said owners by such municipality, 
such land, rights, privileges or easements shall be deemed to be acquired for public 
use. 

1923, c. 220, s. 6. 

2792(g). Report of benefits and advantages. Assessment; hearing, confirma- 
tion; lien. The said commissioners shall make a separate written report of 
their findings to the clerk of the superior court within ten days after notice of their 
appointment, relative to the benefits or advantages so appraised against said lands 
located in said assessment district, if any, giving the names of the owners thereof 
and the amount so appraised against each, with a brief description of the lots or 
parcels of land so appraised. The clerk shall thereupon deliver to the said gov- 
erning body of such municipality a certified copy of such appraisal of benefits, 
which certified copy of appraisal of benefits, upon such receipt by said governing 
body, shall thereupon become an assessment roll, which the governing body shall 
cause to be deposited in the office of the clerk of the municipality for inspection by 
parties interested, and shall cause to be published a notice of the completion of such 
assessment roll, setting forth a description in general terms of the local improve- 
ment, and the time fixed for the meeting of the governing body for the hearing of 
allegations and objections relative to the adoption of such assessment roll, such 
meeting not to be earlier than ten days from the first publication of such notice, 
which publication shall be made in a newspaper published in such municipality. 
At the time appointed for the purpose, or to some other time to which it may ad- 
journ, the governing body, or a committee thereof, must hear the allegations and 
objections of all persons interested who appear and make proof in relation thereto. 
The governing body may thereupon correct such assessment roll and either con- 
firm the same or may set it aside and provide for a new appraisal of benefits in such 
proceeding pending before the clerk of the superior court. Whenever the govern- 
ing body may confirm an assessment for such improvement the clerk of the munici- 
pality shall enter on the minutes of the governing body the date, hour and minute 
of such confirmation, and from the time of such confirmation the assessments em- 
braced in the assessment roll shall be k lien on the real property against which the 
same are assessed, superior to all other liens and encumbrances. Such governing 
body shall have the power and authority to provide that such assessments may be 
paid in equal annual installments not exceeding a period of five years. 

1923, c. 220, s. 7. 

2792(h). Appeal. Correction, etc., of assessment. Interest. Collection. 

If a person assessed is dissatisfied with the amount of the charge, he may give 
notice of appeal in said proceeding pending before the clerk of the superior court 
as hereinafter provided for. The governing body may correct, cancel or remit 
any assessment in connection with such improvement. After the assessment roll 

179 



2792 (i) MUNICIPAL CORPORATIONS— Art. 15 Ch. 56 

is confirraed a copy of the same must be delivered to the tax collector or other 
officer charged with the duty of collecting taxes, and such assessments shall be due 
and payable on the date on which taxes are payable and shall be collected like other 
taxes. In the event the governing body authorizes the payment of any assessment 
by installment, such installments shall bear interest at the rate of six per centum 
from the date of the confirmation of the assessment roll, and in case of the failure 
or neglect of any person to pay any such installments when the same shall become 
due and payable, then and in that event all of the installments remaining unpaid 
shall at once become due and payable. 
1923, c. 220, s. 8. 

2792 (i). Limit of assessments. Exceptions. Transfer to court for trial. 
Appeal to supreme court. The total value of the benefits assessed against the 
lots or land situated and located in said assessment district shall not exceed the 
total net amount of damages to be paid by the municipality to the owner or owners 
of the land or right condemned, together with the cost of such improvement as 
estimated by said commissioners. If any party to the proceedings shall be dis- 
satisfied with the report of the commissioners, or the assessment levied by the said 
governing body, he may file exceptions thereto with the clerk of the superior court 
within ten days after the filing of said report with said clerk, or in the event the 
appeal be from the levying of the assessment by said governing body, within ten 
days after the confirmation of sucb assessment roll by such governing body, and the 
issues of fact and law raised before the clerk in the said proceedings and upon the 
said exceptions shall be transferred to the superior court for trial in like manner as 
provided in the case of other special proceedings pending before the clerk ; and the 
said issues shall be tried at the first term after they are transferred, unless for a 
good cause shown a trial or hearing of the matter may be continued by the court. 
From the judgment of the superior court rendered in said proceeding any of the 
parties may appeal to the supreme court, as in other cases pending in the superior 
court : Provided, that if such municipality, at the time of the appraisal, shall pay 
into the court the sum appraised by the commissioners as being due any person 
for land so condemned and taken for public use, then and in that event such muni- 
cipality may enter, take possession of and hold said lands notwithstanding the 
pendency of any appeal, and no appeal eitber to the superior court or the supreme 
court shall hinder or delay such municipality in proceeding with such proposed 
improvement. 

1923, c. 220, s. 9. 

2792 (j). Power of courts. Practice and procedure. In all cases of appraisal 
under this law, whether the mode or manner of procedure is not expressly or 
sufficiently provided for herein, the court before which such proceedings may 
be pending shall have the power to make all necessary orders and give proper direc- 
tions to carry into effect the object and intent of this law, and the practice 
and procedure in such cases shall conform as nearly as may be to the ordinary 
practice and procedure in such court. 

1923, c. 220, s. 10. 

180 



2792 (o) MUNICIPAL CORPORATIONS— Akt. 15 Ch. 56 

2792 (k). Change of ownership or transfer of property, effect. When any 
proceedings for appraisal of property or rights under this law shall have been 
instituted, no change of ownership or transfer of the real estate, or any interest 
therein, or of the subject-matter of the appraisal, or any part thereof, shall in any 
manner affect such proceedings, but the same may be carried on and perfected as 
if no such conveyance or transfer had been made, or attempted to be made. 

1923, c. 220, s. 11. 

2792(1). Proceedings to perfect title. Possession by municipality. Parties. 

If at any time after proceedings under this law shall have been instituted it shall 
be found that the title to any property or right proposed to be condemned, or which 
has been acquired or condemned, is defective, said municipality may proceed anew 
to acquire or perfect such title in the same manner as if no appraisal had been 
made, and at any stage of the new proceeding the court may authorize the munici- 
pality, if in possession of said property or rights, to continue in possession of the 
same, and if not in possession, to take possession and use such property or rights 
during the pendency and until the final conclusion of such new proceedings, and 
may stay all actions or proceedings against the municipality on account thereof, 
and in every case any party interested may conduct the proceedings to a conclusion 
if the municipality delays or omits to prosecute the same. 
1923, c. 220, s. 12. 

2792 (m). Recovery by municipality if title defective. Limit of recovery. 

If the title to any property, rights, privileges or easements condemned in any 
proceedings instituted under this law shall prove to be defective, such municipality 
may by action recover of the person or persons who have received compensation 
for the property or rights so condemned any loss or damage the city may have 
sustained by reason of said defect of title, not exceeding the amount paid as com- 
pensation for the taking of said property or rights. 
1923, c. 220, s. 13. 

2792 (n). Notice served on nonresidents. Where ,any notice is required to be 
given in said proceeding before the court and the person to be notified is a non- 
resident of the county in which said proceedings are pending, the notice may be 
served by the sheriff or other lawful officer of any county in which the said person 
may be, and if the said person is a nonresident of the state, the notice may be 
served by the publication thereof once a week for four weeks in a newspaper pub- 
lished in such municipality, and the affidavit of the publisher, proprietor or fore- 
man of said newspaper that said notice was so published shall be sufficient prima 
facie evidence or proof of such publication, and the time of notice shall be counted 
from the last day on which the notice was inserted in said newspaper. 

1923, c. 220, s. 14. 

2792 (o). Registration of final judgment; evidence;, certificate under seal. A 

copy of the final judgment of the court, duly certified by its clerk, may be registered 
in the office of the register of deeds for said county, and said copy so certified, or 
a copy of the registry of such judgment duly certified by the register of deeds, 
shall be received as evidence in all courts of the state, and where the said copy is 

181 



2792 (p) MUNICIPAL CORPORATIONS— Art. 15 Ch. 50 

offered in evidence in any court not held in the county in which the judgment is 
rendered, the certificate shall have affixed the official seal of the certifying officer. 
1923, c. 220, s. 15. 

2792 (p). Pay of appraisal commissioners; taxation as costs. The commis- 
sioners appointed by the clerk of the superior court to make the appraisals pro- 
vided for herein shall receive compensation at the rate of five dollars ($5.00) per 
day each, which compensation shall be taxed in the court costs of such proceedings. 

1923, c. 220, s. 16. 

Part 7. Sewerage 

2805. Establish and maintain sewerage system. The governing body shall 
have power to acquire, provide, construct, establish, maintain and operate a sys- 
tem of sewerage for the city, and protect and regulate the same by adequate rules 
and regulations; and if it shall be necessary in obtaining proper outlets to such 
system to extend the same beyond the corporate limits, the governing body may 
condemn a right of way or rights of way to and for such outlets, and the pro- 
ceedings for such condemnation shall be as herein provided for opening new 
streets and other purposes. It is the intention of this law that the powers herein 
granted to municipalities shall not repeal any special or local law or affect any 
proceedings under any special or local law relative to providing, constructing, 
establishing, maintaining or operating any system of sewerage in any munici- 
pality, or for the raising of funds therefor, but shall be deemed to be additional 
and independent legislation for such purposes and to provide an alternative method 
of procedure for such purposes, and supplementary to those powers granted 
municipalities in their charters. In any case in which the provisions of this law 
are in conflict with the provision of any local statute or charter, then the govern- 
ing body of any such municipality may, in its discretion, proceed in accordance 
with the provisions of such local statute or charter, or as an alternative method of 
procedure in accordance with the provisions of this law. 

1917, c. 136, sub-ch. 7, s. 1; 1923, c. 166, s. 1. 

2806(a). Order for construction or extension of system; assessment of cost; 
payment of assessment. When it is proposed by any municipality to provide, 
construct and establish a system of sewerage, or to provide for the extension of any 
such system, an order or resolution of the governing body of such municipality 
at a regular or special meeting shall be made stating generally, or as nearly as may 
be, the nature of the proposed improvement. In such order or resolution such 
governing body may provide that, the actual cost of the establisbment and con- 
struction of such sewerage system, or any extension thereof, shall be assessed upon 
the lots and parcels of land abutting directly on the lateral mains of such sewerage 
system, or extension thereof, according to the extent of the respective frontage 
thereon, by an equal rate per foot of such frontage. Such governing body may 
provide in such order or resolution that the assessments to be levied in connection 
with such work may be paid in equal installments covering a period of not exceeding 
five years. Such order or resolutions shall designate by a general description the 
improvement to be made, and the street or streets, or part or parts thereof, whereon 
the work is to be effected and the cost thereof to be assessed upon all abutting 

182 



2806(e) MUNICIPAL CORPORATIONS— Art. 15 Oh. 56 

property and the terms and manner of payment. Such order or resolution after 
its passage shall be published in a newspaper published in such municipality, or 
if there be no such newspaper, such order or resolution shall be posted in three 
public places in such municipality for at least five days. 
1923, c. 166, s. 2. 

2806(b). Ascertainment of cost; assessment. Upon the completion of the 
construction and establishment of any such sewerage system, or of any such exten- 
sion, the governing body shall compute and ascertain the total cost thereof. The 
governing body shall thereupon make an assessment of such total cost, and for 
that purpose shall make out an assessment roll, in which must be entered the 
names of the persons assessed as far as can be ascertained, and the amount assessed 
against them repectively, with a brief description of the lots or parcels of land 
assessed. 

1923, c. 166, s. 3. 

2806(c). Deposit for inspection; publication of completion; time for hearing 
objections. Immediately after such assessment roll has been completed, the 
governing body shall cause it to be deposited in the office of the clerk of the 
municipality for inspection by parties interested, and shall cause to be published 
in the same manner as the order or resolution authorizing such work, a notice of 
the completion of the assessment roll, setting forth a description in general terms 
of the improvement, and the time fixed for the meeting of the governing body for 
a hearing of allegations and objections in respect of the special assessment, such 
meeting not to be earlier than ten days from the first publication or posting of 
said notice. 

1923, c. 166, s. 4. 

2806(d). Hearing on objections; action; entry of confirmation; lien of assess- 
ment; copy of roll to tax collector. At the time appointed for that purpose, or 
at some other time to which it may adjourn, the governing body, or a committee 
thereof, must hear the allegations and objections of all persons interested, who 
appear and make proof in relation thereto. The governing body may thereupon 
correct such assessment roll, either confirm the same or may set it aside, and pro- 
vide for a new assessment. Whenever the governing body shall confirm an assess- 
ment for such a local improvement, the clerk of the municipality shall enter on 
the minutes of the governing body the date, hour and minute of such confirma- 
tion, and from the time of such confirmation the assessments embraced in the as- 
sessment roll shall be a lien on the real property against which the same are 
assessed, superior to all other liens and encumbrances. After the assessment roll 
is confirmed a copy of the same must be delivered to the tax collector, or other 
officer charged with the duty of collecting taxes. 

1923, c. 166, s. 5. 

2806(e). Notice of appeal; service of statement; stay of work;, trial of appeal. 
If a person assessed is dissatisfied with the amount of the charge, he may give 
notice within ten days after such confirmation that he takes an appeal to the next 
term of the superior court of the county in which the municipality is located, and 

183 



2806(f) MUNICIPAL CORPORATIONS— Abt. 15 Oh. 56 

shall within five days thereafter serve a statement of facts upon which he "bases 
his appeal ; but the appeal shall not delay or stop the improvements. The appeal 
shall be tried at the term of court as other actions at law. 
1923, c. 166, s. 6. 

2806(f). Correction, etc., of assessment; interest and penalties; power to Get 
aside assessment. The governing body may correct, cancel or remit any assess- 
ment for a local improvement, and may remit, cancel or adjust the interest or 
penalties on any such assessment. The governing body has the power when in its 
judgment there is any irregularity, omission, error or lack of jurisdiction in any 
. of the proceedings relating thereto, to set aside the whole of the local assessment 
made by it, and thereupon to make a reassessment. 
1923, c. 166, s. 7. 

2806(g). Cash payment; installment payments; rate of interest; sale of prop- 
erty. In the event such governing body of such municipality shall provide that 
said assessment may be paid in equal annual installments, then and in that event 
the property owner shall have the option and privilege of paying for the improve- 
ment as hereinbefore provided for, in cash, or if they should elect and give nonce 
of the fact in writing to the municipality within thirty days after the notice men- 
tioned in the next succeeding section, they shall have the option and privilege of 
paying the assessment in not less than the number of equal annual installments 
as may have been determined by the governing body in the original order or 
resolution authorizing the improvement. Such installments shall bear interest 
at the rate of six per cent per annum from the date of the confirmation of the 
assessment roll, and in case of the failure or neglect of any property owner to pay 
any installment when the same shall become due and payable, then and in that 
event all of the installments remaining unpaid shall at once become due and pay- 
able, and such property shall be sold by the municipality under the same rules, 
regulations, rights of redemption and savings as are now prescribed by law for the 
sale of land for unpaid taxes. The whole assessment may be paid at the time of 
paying any installment by the payment of the principal and the interest accrued 
to that date. 

1923, c. 166, s. 8. 

2806(h). Notice for payment of assessment; interest for nonpayment; ma- 
turity of installments; penalties. After the expiration of twenty days from 
the confirmation of an assessment roll the tax collector, or such other officer of the 
municipality as the governing body may direct so to do, shall cause to be pub- 
lished in a newspaper, or, if there is no such newspaper, shall cause to be posted 
in at least three public places therein a notice that any assessment contained in 
the assessment roll, naming and describing it, may be paid to him at any time 
before the expiration of thirty days from the first publication of the notice, without 
any addition. In the event the assessment be not paid within such time the same 
shall bear interest at the rate of six per cent per annum from the date of the 
confirmation of the assessment roll and shall become due and payable on the date 
on which taxes are payable: Provided, that when an assessment is divided into 
installments, one installment shall become due and payable each year on the date 

184 



2918 MUNICIPAL CORPORATIONS— Arts. 19, 20, 23 Ch. 5G 

on which taxes are due and payable. If any assessment or installment thereof is 
not paid when due, it shall be subject to the same penalties as are now prescribed 
for unpaid taxes, in addition to the interest herein provided for. 
1923, c. 166, s. 9. 

Art. 19. Different Forms of Municipal Government 

Part 3. Plan "C" Commission Form of Government 

2886. Salaries of officers. The mayor and commissioners shall have offices at 
the city hall. The compensation of the mayor and commissioners shall be as 
follows : In cities of five thousand inhabitants and under, the mayor shall receive 
one thousand dollars and the commissioners each seven hundred and fifty dollars. 
In cities of five to ten thousand inhabitants the mayor shall receive fifteen 
hundred dollars and the .commissioners each one thousand dollars. In cities of 
ten to fifteen thousand inhabitants the mayor shall receive two thousand dollars 
and the commissioners each fifteen hundred dollars. In cities of fifteen to twenty- 
five thousand inhabitants the mayor shall receive twenty-six hundred dollars and 
the commissioners each twenty-four hundred dollars. In cities of twenty-five to 
forty thousand inhabitants the mayor shall receive three thousand five hundred 
dollars ($3,500.00), and the commissioners each three thousand two hundred and 
fifty dollars ($3,250.00). In cities over forty thousand inhabitants the mayor 
shall receive four thousand five hundred dollars ($4,500.00), and the commissioners 
each four thousand two hundred and fifty dollars ($4,250.00.) The number of in- 
habitants shall be determined by the last United States government census or 
estimate. Every other officer, agent, employee, and assistant of the city govern- 
ment shall receive such salary or compensation as the board of commissioners 
shall by ordinance provide, payable in equal monthly installments, unless the board 
shall order payments to be made at nonpayment intervals. 

1917, c. 136, sub-ch. 16, Part IV. Plan C, c. 6; 1923, c. 203. 

Art. 20. Amendment and Repeal of Charter 

2909. Limitations as to holding special elections. No special election pro- 
vided or required by this article shall, except as otherwise provided in this act, 
be held within two, months of the time of holding any regular municipal election 
in any municipality; not more than two special elections may be held under this 
article in any municipality within any one year. The elections, subject to the 
ether provisions of this section, shall be held within three months from the date 
of the filing of the petition. Any election heretofore called within three months 
from the date of filing any petition under this section and related sections is hereby 
validated. 

1917, c. 136, sub-ch. 16, Part VII, s. 7; 1921, c. 56. 

t 

SUBCHAPTER III. MUNICIPAL FINANCE ACT 

Art. 23. General Provisions 

2918. Short title. This law may be cited as "The Municipal Finance Act. 
1921." 
1917, c. 138, s. 1; 1919, c. 178, s. 3(1); Ex. Sess. 1921, c. 106, s. 1. 

185 



2919 MUNICIPAL CORPORATIONS— Akt. 23 Ch. 56 

2919. Meaning of terms. In this law, unless the context otherwise requires 
the expressions : 

"Bond ordinance" means an ordinance authorizing the issuance of bonds of a 
municipality; 

"Clerk" means the person occupying the position of clerk or secretary of a 
municipality ; 

"Financial officer" means the chief financial officer of a municipality; 

"Funding bonds" means bonds issued to pay or extend the time of payment of 
debts incurred before December sixth, one thousand nine hundred and twenty-one, 
not evidenced by bonds; 

"Governing body" means the board or body in which the general legislative 
powers of a municipality are vested; 

"Local improvement" means any improvements or property the cost of which 
has been or is to be specially assessed in whole or in part; 

"Municipality" means and includes any city, town, or incorporated village in 
this state, now or hereafter incorporated; 

"Necessary expenses" means the necessary expenses referred to in section seven 
of article seven of the constitution of North Carolina ; 

"Publication" includes posting in cases where posting is authorized by this act 
as a substitute for publication in a newspaper ; 

"Refunding bonds" means bonds issued to pay or extend the time of payment 
of debts incurred before March seventh, one thousand nine hundred and seventeen, 
evidenced by bonds; 

"Special assessments" means special assessments for local improvements, levied 
on abutting property or other property specially benefited, or on street railroad 
companies or other companies or individuals having tracks in, streets or highways, 
and "specially assessed" has a corresponding meaning. 

1917, c. 138, s. 2; 1919, c. 178, s. 3(2); 1919, c. 285, s. 1; Ex. Sess. 1921, c. 106, s. 1. 

2920. Publication of ordinance and notices. An ordinance or notice re- 
quired by this act to be published by a municipality shall be published in a news- 
paper published in the' municipality, or, if no newspaper is published therein, in 
a newspaper published in the county and circulating in the municipality, or, if 
there is no such newspaper, the ordinance or notice shall be posted at the door of 
the building in which the governing body usually holds its meetings and at three 
other public places in the municipality. 

1917, c. 138, s, 3; 1919, c. 178, s. 3(3); Ex. Sess. 1921, c. 106, s. 1. 

2921. Application and construction of law. This law shall apply to all munic- 
ipalities. Every provision of this law shall be construed as being qualified by 
constitutional provisions, whenever such construction shall be necessary in order 
to sustain the constitutionality of any portion of this law. If any portion of this 
law shall be declared unconstitutional, the remainder shall stand, and the portion 
declared unconstitutional shall be exscinded. 

1917, c. 138, ss. 4, 5; 1919, c. 178, s. 3 (4), (5); Ex. Sess. 1921, c. 106, s. 1. 

186 



2926 MUNICIPAL CORPORATIONS— Art. 24 Ch. 50 



Art. 24. Budget and Appropriations 

2922. The fiscal year. The fiscal year of every municipality shall begin 
either on the first day of June or on the first day of September, as the governing 
body of the municipality may determine. 

1917, c. 138, s. 6; 1919, c. 178, s. 3 (6); Ex. Sess. 1921, c. 106, s. 1. 

2923. Budget prepared. Not earlier than one month before, nor later than 
one month after the beginning of each fiscal year of a municipality, the governing 
body shall cause to be prepared a plan for financing the municipality during said 
fiscal year, which plan shall be known as the budget and shall be based upon de- 
tailed estimates furnished by the several departments and other divisions of the 
municipal government. 

1917, c. 138, s. 6; 1919, c. 178, s. 3 (6); Ex. Sess. 1921, c. 106, s. 1. 

2924. What budget shall contain. The budget shall present the following 
information : 

1. An itemized estimate of the appropriations necessary to be made for the cur- 
rent expenses and for permanent improvements for each department and division 
of the municipal government for the fiscal year (exclusive of expense to be paid 
for by means of bonds issued under article twenty-six of this chapter), for the pay- 
ment of the principal and interest of debts and for deficits of the previous fiscal 
year, with comparative statements in parallel columns of expenditures for corres- 
ponding items so far as possible for the two preceding fiscal years. This estimate 
may include a contingent fund not designated for any particular purpose not ex- 
ceeding five per centum of the total estimated amount of other appropriations. 

2. An itemized estimate of the taxes required and of the estimated revenues of 
the municipality from all other sources for the fiscal year, the unencumbered bal- 
ances of the appropriations, and of the surplus revenues of the previous fiscal year, 
with comparative statements in parallel columns of the taxes and other revenues 
for the two preceding fiscal years. 

3. A statement of the financial condition of the municipality, and such other 
information as the governing body may deem advisable to state. 

1917, c. 138, s. 6; 1919, c. 178, s. 3 (6); Ex. Sess. 1921, c. 106, s. 1. 

2925. Copy of budget filed for inspection. A copy of the budget shall be 
filed in the office of the clerk of the municipality for public inspection not later than 
ten days before its adoption by the governing body, and a public hearing shall be 
given thereon by the governing body before the adoption of the budget, notice of 
which hearing shall be published. 

1917, c. 138, s. 6; 1919, c. 178, s. 3 (6); Ex. Sess. 1921, c. 106, s. 1. 

2926. Change of fiscal year. The fiscal year may be changed by resolution 
of the governing body, which resolution shall declare that the fiscal year shall 
thereafter begin on the first day of September or June, as the case may be. A 
budget and appropriation ordinance shall be adopted for a period commencing 
at the expiration of the current fiscal year, in which such resolution is passed, 
and ending at the end of the next succeeding new fiscal year. Such a budget shall 

187 



2927 MUNICIPAL CORPORATIONS— Art. 25 Ch. 56 

be adopted within the month preceding or the month following the beginning of 
such period. 

1919, c. 178, s. 3 (6); Ex. Sess. 1921, c. 106, s. 1. 

2927. Annual appropriation ordinance. Not later than one month after the 
beginning of the fiscal year, the, governing body shall pass the annual appropria- 
tion ordinance for the fiscal year, which shall be based on the budget. The total 
amount of appropriations shall not exceed the total of the estimated revenue, un- 
encumbered balances and surplus receipts. 

1917, c. 138, s. 7; 1919, c. 178, s. 3 (7); Ex. Sess. 1921, c. 106, s. 1. 

2928. Appropriations made before annual ordinance. In the interval be- 
tween the beginning of a fiscal year and the adoption of the annual appropriation 
ordinance the governing body may make appropriations for the purpose of paying 
fixed salaries, the principal and interest of bonded debts and other loans, the 
stated compensation of officers and employees and indebtedness for work performed 
or materials furnished under contracts made before the beginning of the fiscal 
year, or for the ordinary expenses of the municipality, which appropriations shall 
be chargeable to the appropriations in the annual appropriation ordinances for 
that year. 

1917, c. 138, s. 8; 1919, c. 17S, s. 3 (8); Ex. Sess. 1921, c. 106, s. 1. 

2929. Amendment of appropriations. At any time after the passage of the 
annual appropriation ordinance, the governing body may amend such ordinance 
so as to authorize the transfer of balances appropriated for one purpose to another 
purpose, or to appropriate available revenues not included in the annual budget. 

The amendatory ordinance, unless it be for the appropriation of available reve- 
nues not included in the, annual budget, shall be published one or more times at 
least one week before its final passage, with notice of the time when and place 
where it will be finally passed : Provided, however, that such ordinance may be 
passed during the last three months of a fiscal year, without any previous publi- 
cation or notice. 

1917, c. 138, s. 9; 1919, c. 178, s. 3 (9); Ex. Sess. 1921, c. 106, s. 1. 

2930. Balances revert for future appropriations. At the close of each 
fiscal year the unencumbered balance of each appropriation shall revert to the 
general fund, and shall be subject to future appropriation. 

1917, c. 138, s. 10; 1919, c. 178, s. 3 (10); Ex. Sess. 1921, c. 106, s. 1. 

2931. Funds specially applied not affected. Nothing herein shall be con- 
strued to permit revenues which by statute are appropriated to a particular pur- 
pose to be appropriated to any other purpose, but such revenue shall nevertheless 
be included in the budget. 

1917, c. 138, s. 11; 191.9, c. 178, s. 3 (11); Ex. Sess. 1921, c. 106, s. 1. 

Art. 25. Temporary Loans 

'2932. Money borrowed to meet appropriations. A municipality may bor- 
row money for the purpose of meeting appropriations made for the current fiscal 

188 



2935 MUNICIPAL CORPORATIONS— Abt. 25 Oh. 56 

year, in anticipation of the collection of the taxes and revenues of such fiscal year, 
and within the amount of such appropriations. Such loans shall be paid not 
later than the tenth day of October in the next succeeding fiscal year. Provision 
shall be made in the annual budget and annual appropriation ordinance of each 
fiscal year for the payment of all unpaid loans predicated upon the taxes and 
revenues of the previous fiscal year. 

1917, c. 138, s. 12; 1919, c. 178, s. 3 (12); Ex. Sess. 1921, c. 106, s. 1. 

2933. Money borrowed to pay judgments or interest. For the purpose of 
paying a judgment recovered against a municipality, or paying the principal or 
interest of bonds due or to become due within two months and not otherwise ade- 
quately provided for, a municipality may borrow money in anticipation of the 
receipt of either the revenues of the fiscal year in which the money is borrowed or 
the revenues of the next succeeding fiscal year. Such loans shall be paid not later 
than the end of such next succeeding fiscal year. In the event, however, that a 
judgment or judgments against a municipality amount to more than one cent per 
hundred dollars of the assessed valuation of taxable property of the municipality 
for the year in which taxes were last levied before the recovery of the judgment, a 
loan to pay the judgment may be made payable in not more than five substantially 
equal annual installments, beginning within one year after the loan is made. 

1919, c. 178, s. 3 (12); Ex. Sess. 1921, c. 106, s. 1. 

2934. Money borrowed in anticipation of bond sales. At any time after 
a bond ordinance has taken effect as provided in article twenty-six herein, a munici- 
pality may borrow money for the purposes for which the bonds are to be issued, in 
anticipation of the receipt of the proceeds of the sale of the bonds, and within the 
maximum authorized amount of the bond issue. Such loans shall be paid not later 
than three years after the time of taking effect of the ordinance authorizing the 
bonds upon which they are predicated. The governing body may, in its discretion, 
retire any such loans by means of current revenues, special assessments, or other 
funds, in lieu of retiring them by means of bonds : Provided, however, that the 
governing body, before the actual retirement of any such loan by -any means other 
than the issuance of bonds, under the bond ordinance upon which such loan is 
predicated, shall amend or repeal such ordinance so as to reduce the authorized 
amount of the bond issue by the amount of the loan to be so retired. Such an 
amendatory or repealing ordinance shall take effect upon its passage and need 
not be published. 

1917, c. 138, s. 13; 1919, c. 178, s. 3 (13) ; Ex. Sess. 1921, c. 106, s. 1. 

2935. Notes issued for temporary loans. Negotiable notes shall be issued 
for all moneys borrowed under the last two sections. Such notes may be renewed 
from time to time and money may be borrowed upon notes from time to time for the 
payment of any indebtedness evidenced thereby, but all such notes shall mature 
within the time limited by said sections for the payment of the original loan. K"o 
money shall be borrowed under said sections at . a rate of interest exceeding the 
maximum rate permitted by law. The said notes may be disposed of by public 
or private negotiations. The issuance of such notes shall be authorized by resolu- 
tion of the governing body, which shall fix the actual or maximum face amount of 

189 



2936 MUNICIPAL CORPORATIONS— Art. 26 Ch. 56 

the notes and the actual or maximum rate of interest to be paid upon the amount 
borrowed. The governing body may delegate to any officer the power to fix said 
face amount, and rate of interest within the limitations prescribed by said reso- 
lution, and the power to dispose of said notes. All such notes shall be executed 
in the manner provided in section two thousand nine hundred and fifty-four of 
this subchapter in relation to bonds. They shall be submitted to and approved by 
the attorney for the municipality before they are issued, and his written approval 
indorsed on the notes. 

1917, c. 138, s. 14; 1919, c. 178, s. 3 (14); Ex. Sess. 1921, c. 106, s. 1. 

Art. 26. Permanent Financing 

2936. Not applied to temporary loans. The provisions of this article shall 
not apply to temporary loans made under article twenty-five, unless otherwise 
provided in said article. 

1917, c. 138, s. 15; 1919, c. 178, s. 3 (15); Ex. Sess. 1921, c. 106, s. 1. 

2937. For what purposes bonds may be issued. A municipality may issue 
its negotiable bonds for any one or more of the following purposes : 

1. For any purpose or purposes for which it may raise or appropriate money, 
except for current expenses. 

2. To fund or refund a debt of the municipality incurred before December fifth, 
nineteen,, hundred and twenty-one, if such debt be payable at the time of the pas- 
sage of the ordinance authorizing bonds to fund or refund such debt or be payable 
within one year thereafter, or if such debt, although payable more than one year 
thereafter, is to be canceled prior to its maturity and simultaneously with the 
issuance of the bonds to fund or refund such debt : Provided, however, that bonds 
shall not be issued to refund serial bonds which mature in installments as provided 
in section two thousand nine hundred and fifty-two. 

1917, c. 138, s. 16; 1919, c. 178, s. 3 (16); Ex. Sess. 1921, c. 106, s. 1. 

2938. Ordinance for bond issue: 

1. Ordinance required. All bonds of a municipality shall be authorized by an 
ordinance passed by the governing, body. 

2. What ordinance must show. The ordinance shall state: 

a. In brief and general terms the purpose for which the bonds are to be issued ; 

b. The maximum aggregate principal amount of the bonds ; 

c. That a tax sufficient to pay the principal and interest of the bonds shall be 
annually levied and collected ; 

d. That a statement of the debt of the municipality has been filed with the clerk 
and is open to public inspection. 

e. One of the following provisions : 

(1) If the bonds are funding or refunding bonds or for local improvements of 
which at least one-fourth of the cost, exclusive of the cost of paving at street inter- 
sections, has been or is to be specially assessed, that the ordinance shall take effect 
upon its passage, and shall not be submitted to the voters; or 

(2) If the bonds are for a purpose other than the payment of necessary expenses, 
or if the governing body, although not required to obtain the assent of the voters 

190 



2941 MUNICIPAL CORPORATIONS— Art. 26 Ch. 56 

before issuing the bonds, deems it advisable to obtain such assent, that the ordinance 
shall take effect when approved by the voters of the municipality at an election 
as provided in this law; or 

(3) In any other case, that the ordinance shall take effect thirty days after its 
first publication (or posting) unless in the meantime a petition for its submission 
to the voters is filed under this law, and that in such event it shall take effect 
when approved by the voters of the municipality at an election as provided in 
this law. 

3. When the ordinance takes effect. A bond ordinance shall take effect at the 
time and upon the conditions indicated therein. If the ordinance provides that it 
shall take effect upon its passage no vote of the people shall be necessary for the 
issuance of the bonds. 

4. Need not specify location of improvement.. In stating the purpose of a bond 
issue, a bond ordinance need not specify the location of any improvement or prop- 
erty, or the kind of pavement or other material to be used in the construction 
or reconstruction of streets, highways, sidewalks, curbs, or gutters, or the kind of 
construction or reconstruction to be adopted for any building, for which the bonds 
are to be issued. A description in a bond ordinance of a property or improvement 
substantially in the language employed in sections two thousand nine hundred and 
forty-two of this subchapter to describe such a property or improvement, shall 
be a sufficiently definite statement of the purpose for which the bonds authorized by 
the ordinance are to be issued. 

1917, c. 138, sl7; 1919, c. 178, s. 3 (17); 1919, c. 285, s. 2; Ex. Sess. 1921, c. 106, s. 1. 

2939. Ordinance not to include unrelated purposes. Bonds for two or more 

unrelated purposes, not of the same general class or character, shall not be author- 
ized by the same ordinance : Provided, however, that bonds for two or more im- 
provements or properties mentioned together in any one clause of subsection four 
of section two thousand nine hundred and forty-two of this subchapter may be 
treated as being but for one purpose, and may be authorized by the same bond ordi- 
nance. After two or more bond ordinances have been passed, the governing body 
may, in its discretion, direct all or any of the bonds authorized by the ordinances 
to be actually issued as one consolidated bond issue. 

1919, c. 178, s. 3 (17); 1919, c. 285, s. 3; Ex. Sess. 1921, c. 106, s. 1. 

2940. Bonds may be divided into two classes and separate issues. (Obsolete.) 

2941. Ordinance and bond issue; when petition required. In cases where a 
petition of property owners is required by law for the making of local improve- 
ments, a bond ordinance authorizing bonds for such local improvements may be 
passed before any such petition is made, but no bonds for the local improvements in 
respect of which such petitions are required shall be issued under the ordinance, 
nor shall any temporary loan be contracted in anticipation of the issuance of such 
bonds, unless and until such petitions are made, and then only up to the actual or 
estimated amount of the cost of the work petitioned for. The determination of 
the governing body as to the actual or estimated cost of work so petitioned for 
shall be conclusive in any action involving the validity of bonds or notes or other 

191 



2942 MUNICIPAL CORPORATIONS— Art. 26 Oh. 56 

indebtedness. The bond ordinance may be made to take effect upon its passage, 
notwithstanding that the necessary petitions for the local improvements have not 
been filed : Provided, that it appears upon the face of the ordinance that one- 
fourth or some greater proportion of the cost, exclusive of the cost of work at 
street intersections, has been or is to be assessed. 
1919, c. 178, s. 3*(17); Ex. Sess. 1921, c. 106, s. 1. 

2942. Determining periods for bonds to run: 

1. How periods estimated. Either in the bond ordinance or in a resolution 
passed after the bond ordinance but before any bonds are issued thereunder, the 
governing body shall, within the limits prescribed by subsection four of this 
section, determine and declare : 

a. The probable period of usefulness of the improvements or properties for 
which the bonds are to be issued ; or 

b. If the bonds are to be funding or refunding bonds, either the shortest period 
in which the debt to be funded or refunded can be finally paid without making it 
unduly burdensome upon the taxpayers of the municipality, or, at the option of 
the governing body, the probable unexpired period of usefulness of the improve- 
ment or property for which the debt was incurred. 

2. Average of periods determined. In the case of a consolidated bond issue com- 
prising bonds authorized by different ordinances for different purposes, and in 
the case of a bond issue authorized by but one ordinance for several related pur- 
poses in respect of which several different periods are determined as aforesaid, the 
governing body shall also determine the average of the different periods so deter- 
mined, taking into consideration the amount of bonds to be issued on account of 
each purpose or item in respect of which a period is determined. 

The period required to be determined as aforesaid shall be computed from a 
date not more than one year after the time of passage of any bond ordinance 
authorizing the issuance of the bonds. The determination of any such period 
by the governing body shall be conclusive. 

3. Maturity of bonds. The bonds must mature within the period determined as 
aforesaid, or, if several different periods are so determined, then within said aver- 
age period. 

4. Periods of usefulness. In determining, for the purpose of this section, the 
probable period of the usefulness of an improvement or property, the governing 
body shall not deem said period to exceed the following periods for the following 
improvements and properties, respectively, viz. : 

a. Sewer systems (either sanitary or surface drainage), forty years. 

b. Water supply systems, or combined water and electric light systems, or com- 
bined water, electric light, and power systems, forty years. 

c. Gas systems, thirty years. 

d. Electric light and power systems, separate or combined, thirty years. 

e. Plants for the incineration or disposal of ashes, or garbage, or refuse (other 
than sewage), twenty years. 

/. Public parks (including or not including a playground, as a part thereof, and 
any buildings thereon at the time of acquisition thereof, or to be erected thereon, 
with the proceeds of the bonds issued for such public parks), fifty years. 

192 



2942 MUNICIPAL CORPOEATIONS— Art. 26 Oh. 56 

g. Playgrounds, fifty years. 

h. Buildings for purposes not stated in this section, if they are : 

(1) Of fireproof construction, that is, a building the walls of which are con- 
structed of brick, stone, iron, or other hard, incombustible materials, and in which 
there are no wood beams or lintels, and in which the floors, roofs, stair halls, and 
public halls are built entirely of brick, stone, iron, or other hard, incombustible 
materials, and in which no woodwork or other inflammable materials are used 
in any of the partitions, floorings, or ceiling (but the building shall be deemed to 
be of fireproof construction notwithstanding that elsewhere than in the stair halls 
and entrance halls there is wooden flooring on top of the fireproof floor, and that 
wooden sleepers are used, and that it contains wooden handrails and treads, made 
of hardwood, not less than two inches thick), forty years. 

(2) Of nonfireproof construction, that is, a building the outer walls of which 
are constructed of brick, stone, iron, or other hard, incombustible materials, but 
which in any other respect differs from a fireproof building as defined in this sec- 
tion, thirty years. 

(-3) Of other construction, twenty years. 

i. Bridges and culverts (including retaining walls and approaches), forty years, 
unless constructed of wood, and in that case, ten years. 

j. Lands for purposes not stated in this section, fifty years. 

k. Constructing or reconstructing the surface of roads, streets, or highways, 
whether including or not including contemporaneous constructing or reconstruct- 
ing of sidewalks, curbs, gutters, or drains, and whether including or not including 
grading, if such surface : 

(1) Is constructed of sand and gravel, five years; 

(2) Is of waterbound macadam or penetration process, ten years; 

(3) Is of bricks, blocks, sheet asphalt, bitulithic, or bituminous concrete, laid 
on a solid foundation, or is of concrete, twenty years. 

I. Land for roads, streets, highways, or sidewalks, or grading, or constructing or 
reconstructing culverts^ or retaining walls, or surface, or subsurface drains, fifty 
years. 

m. Constructing sidewalks, curbs, or gutters of brick, stone, concrete, or other 
material of similar lasting character, twenty years. 

n. Installing fire or police alarms, telegraph or telephone service, or other sys- 
tem of communication for municipal use, thirty years. 

o. Fire engines, fire trucks, hose carts, ambulances, patrol wagons, or any vehicles 
for use in any department of the municipality, or for the use of municipal officials, 
ten years. 

p. Land for cemeteries, or the improvement thereof, thirty years. 

q. Constructing sewer, water, gas, or other service connections, from the service 
main in the street to the curb or property line, when the work is done by the 
municipality in connection with any permanent improvement of or in any street, 
ten years. 

r. The elimination of any grade crossing or crossings and improvements inci- 
dent thereto, thirty years. 

s. Equipment, apparatus, or furnishings not included in the foregoing clauses 
of this subsection, ten years. 

13 193 



2943 MUNICIPAL CORPORATIONS— Art. 26 Ch. 56 

t. Any improvement or property not included in other clauses of this subsection, 
forty years. 

5. Improvements and -properties defined. The maximum periods fixed herein for 
the improvements and properties mentioned in clauses numbered from a to i, 
both inclusive, of subsection 4 of this section shall be applied thereto whether such 
improvements or properties are to be acquired, constructed, reconstructed, enlarged, 
or extended, in whole or in part, and whether the same are to include or are not 
to include buildings, lands, rights in lands, furnishings, equipment, machinery, 
or apparatus constituting a part of said improvements or properties at the time 
of acquisition, construction, or reconstruction. If the improvements of properties 
are to be an enlargement or extension of existing properties or improvements, the 
probable period of usefulness to be determined as aforesaid may be either that of the 
existing properties or improvements ; or that of the enlargement or extension. 
Bonds for any or all improvements or properties included in any one clause of 
subsection 4 above may for the purposes of this section be deemed by the govern- 
ing body to be for but one improvement or property. 

6. Kind of construction determined. If the bonds are for a building referred. to 
in clause h of subsection 4 above, and the bond ordinance does not state the kind 
of construction of the building, or if the bonds are for street improvements men- 
tioned in clause h of subsection 4 above, and the bond ordinance does not state 
the kind or kinds of pavement or other material to be used, then the kind of con- 
struction, or the kind or kinds of pavement or other material, as the case may be, 
shall be determined by resolution before any of the bonds are issued. 

7. Shortest period of payment. In determining, for the purpose of this section, 
the shortest period in which a debt to be funded or refunded hereunder can be 
finally paid without making it unduly burdensome upon the taxpayers of the 
municipality, the governing body shall not deem said period to be greater than 
the following periods in the following cases, respectively: 

a. Thirty years, if funding bonds are to be- issued. 

b. Thirty years, if refunding bonds are to be issued, and the net debt, of the 
municipality, as stated in the debt statement filed pursuant to section two thousand 
nine hundred and forty-three, is not more than four per centum of the assessed 
valuation set forth in said statement. 

c. Forty years, if refunding bonds are to be issued, and said net debt is more 
than four but not more than five per centum of said assessed valuation. 

d. Tifty years, if refunding bonds are to be issued, and said net debt is more 
than five per centum of said assessed valuation. 

1917, c. 138, s. IS; 1919, c. 178, s. 3 (18); Ex. Sess. 1921, c. 106, s. 1. 

2943. Sworn statement of indebtedness: 

1. What shall be shown. After the introduction and before the final passage 
of a bond ordinance an officer designated by the governing body for that purpose 
shall file with the clerk a statement showing the following: 

(a) The gross debt (which shall not include debt incurred or to be incurred in 
anticipation of the collection of taxes or in anticipation of the sale of bonds other 
than funding and refunding bonds), which gross debt shall be as follows: 

194 



2944 MUNICIPAL CORPORATIONS— Art. 26 Ch. 56 

(1) Outstanding debt incurred before December sixth, one thousand nine hun- 
dred and twenty-one, not evidenced by bonds. 

(2) Outstanding bonded debts. 

(3) Bonded debt to be incurred under ordinances passed or introduced. 

(b) The deductions to be made from gross debt in computing net debt, which 
deductions shall be as follows : 

(1) Amount of unissued funding or refunding bonds included in gross debt. 

(2) Amount of sinking funds or other funds held for the payment of any part 
of the gross debt other than debt incurred for water, gas, electric light, or power 
purposes or two or more of said purposes. 

(3) The amount of uncollected special assessments theretofore levied on account 
of local improvements for which any part of the gross debt was or is to be incurred 
which will be applied when collected to the payment of any part of the gross debt. 

(4) The amount, as estimated by the engineer of the municipality or officer 
designated for that purpose by the governing body or by the governing body itself, 
of special assessments to be levied on account of local improvements for which any 
part of the gross debt was or is to be incurred, and which, when collected, will be 
applied to the payment of any part of the gross debt. 

(5) The amount of bonded debt included in the gross debt and incurred, or to be 
incurred, for water, gas, electric light or power purposes, or two or more of said 
purposes. 

(c) The net debt, being the difference between the gross debt and the deductions. 

(d) The assessed valuation of property as last fixed for municipal taxation. 

(e) The percentage that the net debt bears to said assessed valuation. 

2. Limitations upon passage of ordinance. The ordinance shall not be passed 
unless it appears from said statement that the said net debt does not exceed eight 
(8) per cent of said assessed valuation, unless the bonds to be issued under the 
ordinance are to be funding or refunding bonds, or are bonds for water, gas, electric 
light or power purposes, or two or more of said purposes. 

3. Statement filed for inspection. Such statements shall remain on file with 
the clerk and be open to public inspection. In any action or proceeding in any 
court involving the validity of bonds, said statement shall be deemed to be true 
and to comply with the provisions of this act, unless it appears (in an action or 
proceeding commenced within the time limited by section 2945 for the commence- 
ment thereof), first, that the representations contained therein could not by any 
reasonable method of computation be true ; and second, that a true statement would 
show that the ordinance authorizing the bonds could not be passed. 

1917, c. 138, s. 19; 1919, c. 178, s. 3 (19) ; 1919, c. 285, s. 4; Ex. Sess. 1921, c. 106, s. 1. 

2944. Publication of bond ordinance. A bond ordinance shall be published 
once in each of two successive weeks after its final passage. A notice substantially 
in the following form (the blanks being first properly filled in), with the printed 
or written signature of the clerk appended thereto, shall be published with the 
ordinance : 

The foregoing ordinance was passed on the day of , 19...., and was 

first published (or posted), on the day of , 19 

195 



2945 MUNICIPAL CORPORATIONS— Art. 26 Ch. 56 

Any action or proceeding questioning the validity of said ordinance must be 
commenced within thirty days after its first publication (or posting). 



Clerk (or Secretary). 
1917, c. 138, s. 20; 1919, c. 49, s. 1; 1919, c. 178, s. 3 (20); Ex. Sess. 1921, c. 106, s. 1. 

2945. Limitation of action to set aside ordinance. Any action or proceed- 
ing in any court to set aside a bond ordinance, or to obtain any other relief upon 
the ground that the ordinance is invalid, must be commenced within thirty days 
after the first publication of the notice aforesaid and the ordinance or supposed 
ordinance referred to in the notice. After the expiration of such period of limi- 
tation, no right of action or defense founded upon the invalidity of the ordinance 
shall be asserted, nor shall the validity of the ordinance be open to question in 
any court upon any ground whatever, except in an action or proceeding com- 
menced within such period. 

1917, c. 138, s. 20; 1919, c. 49, s. 1; 1919, c. 178, s. 3 (20) ; Ex. Sess. 1921, c. 106, s. 1. 

2946. Certain bond ordinances validated. (Obsolete.) 

2947. Ordinance requiring popular vote. 

1. (When vote required. If a bond ordinance provides that it shall take effect 
thirty days after its first publication, unless a petition for its submission to the 
voters shall be filed in the meantime, the ordinance shall be inoperative without 
the approval of the voters of the municipality at an election if a petition shall 
he filed as provided in this section.)* 

2. Petition filed. A petition demanding that a bond ordinance he submitted 
to the voters may be filed with the clerk within thirty days after the first publica- 
tion of the ordinance. The petition shall be in writing and signed by voters of the 
municipality equal in number to at least twenty-five per centum of the total num- 
ber of registered voters in the municipality as shown hy the registration books 
for the last preceding election for municipal officers therein. The residence ad- 
dress of each signer shall be written after his signature. Each signature to the 
petition shall be verified by a statement (which may relate to a specified number 
of signatures), made by some adult resident freeholder of the municipality, under 
oath before an officer competent to administer oaths, to the effect that the signature 
was made in his presence and is the genuine signature of the person whose name it 
purports to be. The petition need not contain the text of the ordinance to which 
it refers. The petition need not be all on one sheet, and if on more than one sheet, 
it shall be verified as to each sheet. 

3. Sufficiency of petition. The clerk shall investigate the sufficiency of the 
petition and present it to the governing body with a certificate stating the result 
of his investigation. The governing body shall thereupon determine the sufficiency 
of the petition and the determination of the governing body shall be conclusive. 

1917, c. 138, s. 21; 1919, c. 49, ss. 1, 2; 1919, c. 178, s. 3 (21) ; Ex. Sess. 1921, c. 106, s. 1. 

*This subsection seems to have been omitted inadvertently. 

196 



2948 MUNICIPAL CORPORATIONS— Art. 20 Ch. 56 

2948. Elections on bond issue. 

1. What majority required. If a bond ordinance provides for tbe issuance of 
bonds for a purpose otber tban tbe payment of necessary expenses of tbe munici- 
pality, tbe approval of a majority of tbe qualified voters of tbe municipality, as 
required by tbe constitution of North Carolina, sball be necessary in order to make 
tbe ordinance operative. If bowever, tbe bonds are to be issued for necessary 
expenses, tbe affirmative vote of tbe majority of tbe. voters voting on tbe bond 
ordinance sball be sufficient to make it operative, in all cases wbere tbe ordinance 
is required by tbis act to be submitted to tbe voters. 

2. When election held. Wbenever tbe taking effect of an ordinance authorizing 
tbe issuance of bonds is dependent upon tbe approval of tbe ordinance by tbe 
voters of a municipality, tbe governing body may submit tbe ordinance to tbe 
voters at an election to be beld not more tban six months after the passage of tbe 
ordinance. The governing body may call a special election for that purpose or 
may submit the ordinance to the voters at the regular municipal election next 
succeeding the passage of the ordinance, but no such special election shall be held 
within one month before or after a regular election. Several ordinances or other 
matters may be voted upon at the same election. 

3. New registration. The governing body of the city or town in which such 
election is beld may, in their discretion, order a new registration of the voters 
for such election. The books for such new registration shall remain open in each 
precinct from nine a.m. to six p.m. on each day, except Sundays and holidays, 
for three weeks, beginning on a Monday morning and ending on tbe second 
Saturday evening before the election. A registrar and two judges of election shall 
be appointed by the governing body for each precinct : Provided, that the books 
sball be open at tbe polling places on each Saturday during the registration period. 
Sufficient notice shall be deemed to have been given of such new registration and 
of the appointment of tbe election officers if a notice thereof be published at 
least thirty (30) days before tbe closing of tbe registration books, stating tbe 
hours and days for registration. It shall not be necessary to specify in said notice 
the places for registration. In case the registrar shall fail or refuse for any 
cause to perform his duties, it shall be lawful for the clerk to appoint another 
person to perform such duties, and no notice of such appointment shall be necessary. 

4. Notice of election. A notice of tbe election shall be deemed sufficiently pub- 
lished if published once not later than twenty days before the election. Such notice 
shall state the maximum amount of tbe proposed bonds and the purpose thereof, 
and the fact that a tax will be levied for the payment thereof. The date of the 
election shall be stated therein. 

5. Ballots. A ballot or ballots shall be furnished to each qualified voter at said 

election, which ballots may contain the words "for the ordinance authorizing $ 

bonds (briefly stating tbe purpose), and a tax therefor," and "against the ordinance 

authorizing $ bonds (briefly stating tbe purpose), and a tax therefor," and 

if one ballot contains tbe two alternatives it may contain squares in one of which 
the voter may make a (X) mark, but tbis form of ballot is not prescribed. 

6. Returns canvassed. Tbe officers appointed to hold tbe election in making 
return of the result thereof, shall incorporate therein not only the number of votes 

197 



2949 MUNICIPAL CORPORATIONS— Art. 26 Ch. 50 

cast for and against each ordinance submitted, but also the number of voters regis- 
tered and qualified to vote in the election. The governing body shall canvass the 
returns, and shall include in their canvass the votes cast and the number of voters 
registered and qualified to vote in the election, and shall judicially determine and 
declare the result of the election. 

7. Application of other laws. Except as herein otherwise provided, the regis- 
tration and election shall be conducted in accordance with the laws then govern- 
ing elections for municipal officers in such municipality, and governing the regis- 
tration of the electors for such election of officers. 

8. Statement of result. The board shall prepare a statement showing the num- 
ber of votes cast for and against each ordinance submitted, and the number of 
voters qualified to vote in the election, and declaring the result of the election, 
which statement shall be signed by a majority of the members of the board and 
delivered to the clerk of the municipality, who shall record it in the book of ordi- 
nances of the municipality and file the original in his office and publish it once. 

9. Limitation us to actions. No right of action or defense founded upon the 
invalidity of the election shall be asserted, nor shall the validity of the election 
be open to question in any court upon any ground whatever, except in an action 
or proceeding commenced within thirty days after the publication of such state- 
ment : Provided, that sections 2947 and 2948 shall not apply to the incorporated 
towns of Madison county. 

1917, c. 138, s. 22;'l919, c. 178, s. 3 (22); 1919, c. 291; Ex. Sess. 1921, c. 106, s. 1. 

2949. Preparation for issuing bonds. At any time after the passage of a 
bond ordinance, all steps preliminary to the actual issuance of bonds under the 
ordinance may be taken, but the bonds shall not be actually issued unless and until 
the ordinance takes effect. 

1917, c. 138, s. 23; 1919, c. 178, s. 3 (23); Ex. Sess. 1921, c. 106, s. 1. 

2950. Within what time bonds issued. After a bond ordinance takes effect, 
bonds may be issued in conformity with its provisions at any time within three 
years after the ordinance takes effect, unless the ordinance shall have been repealed, 
which repeal is permitted (without the privilege of referendum upon the ques- 
tion of appeal), unless notes shall have been issued in anticipation of the receipts 
of the proceeds of the bonds and shall be outstanding. 

1917, c. 138, s. 24; 1919, c. 178, s. 3 (24); Ex. Sess. 1921, c. 106, s. 1. 

2951. Amount and nature of bonds determined. The aggregate amount of 
bonds to be issued under a bond ordinance, the rate or rates of interest they shall 
bear, not exceeding six per centum per annum, payable semiannually, and the 
times and place or places of payment of the principal and interest of the bonds, 
shall be fixed by resolution or resolutions of the governing body. The bonds may 
be issued either all at one time or from time to time in blocks, and different pro- 
visions may be made for different blocks. 

1917, c. 138, s. 25; 1919, c. 178, s. 3 (25); Ex. Sess. 1921, c. 106, s. 1. 

2952. Bonded debt payable in installments. Each bond issue made under 
this act shall mature in annual installments or series, the first of which shall be 

198 



2955 MUNICIPAL CORPOEATIONS— Art. 26 Oh. 56 

made payable not more than three years after the date of the first issued bonds 
of such issue, and the last within the period determined and declared pursuant to 
section two thousand nine hundred and forty-two of this subchapter. No such 
installment or series shall be more than two and one-half times as great in amount 
as the smallest prior installment or series of the same bond issue. If all of the 
bonds of an issue are not issued at the same time, the bonds at any one time out- 
standing shall mature as aforesaid. 

1917, c. 138, s. 26; 1919, c. 178, s. 3 (26); Ex. Sess. 1921, c. 106, s. 1. 

2953. Medium and place of payment. The bonds may be made payable in 
such kinds of money and at such place or places within or without the state of 
North Carolina as the governing body may by resolution provide. 

1917, c. 138, s. 27; 1919, c. 178, s. 3 (27); Ex. Sess. 1921, c. 106, s. 1. 

2954. Formal execution of bonds. The bonds shall be issued in such form as 
the officers who execute them shall adopt, except as otherwise provided by the gov- 
erning body. They shall be signed by two or more officers designated by the gov- 
erning body, or, if the governing body makes no such designation, then by the 
mayor or other chief executive officer and by the clerk, and the corporate seal 
of the municipality shall be affixed to the bonds. The bonds may have coupons 
attached for the interest to be paid thereon, which coupons shall bear a facsimile 
signature of the clerk in office, at the date of the bonds or at the date of delivery 
thereof. The delivery of bonds so executed shall be valid notwithstanding any 
change in the officers or in the seal of the municipality occurring after the signing 
and sealing of the bonds. 

1917, c. 138, s. 28; 1919, c. 178, s. 3 (28); Ex. Sess. 1921, c. 106, s. 1. 

2955. Registration and transfer of bonds: 

1. Bonds payable to bearer. Bonds issued under this law shall be payable to the 
bearer unless they are registered as provided in this section; and each coupon ap- 
pertaining to a bond shall be payable to the bearer of the coupon. 

2. Registration and effect, A municipality may keep in the office of its financial 
officer or in the office of a bank or trust company appointed by the governing body 
as bond registrar or transfer agent, a register or registers for the registration and 
transfer of its bonds, in which it may register any bond at the time of its issue, or, 
at the request of the holder, thereafter. After such registration the principal and 
interest of the bond shall be payable to the person in whose name it is registered 
except in the case of a coupon bond registered as to prinicpal only, in which case 
the principal shall be payable to such person, unless the bond shall be discharged 
from registry by being registered as payable to bearer. After registration a bond 
may be transferred on such register by the registered owner in person or by at- 
torney, upon presentation to the bond registrar, accompanied by delivery of a 
written instrument of transfer in a form approved by the bond registrar, executed 
by the registered owner. 

3. Registration and transfer noted on bond. Upon the registration or transfer 
of a bond as aforesaid, the bond registrar shall note such registration or transfer 
on the back of the bond. Upon the registration of a coupon bond as to both 
principal and interest he shall also cut off and cancel the coupons. 

199 



2956 MUNICIPAL CORPORATIONS— Art. 26 ~' Ch. 56 

4. Agreement for registration. A municipality may, by recital in its bonds, 
agree to register the bonds as to principal only, or agree to register them either as 
to principal only or as to both principal and interest at the option of the bond- 
holder. 

1917, c. 138, s. 29; 1919, c. 178, s. 3 (29); Ex. Sess. 1921, c. 106, s. 1. 

2956. Sale of bonds. All bonds of a municipality shall be sold at not less 
than par. They shall be advertised and sold upon sealed proposals, or at public 
.auction, unless the sale is made within thirty days after failure to receive any 
legally acceptable bid in response to a public offering made as provided in this 
section. 

Whenever bonds are to be sold pursuant to advertisement, there shall be pub- 
lished, at least once, a notice containing a description of the bonds to be sold, the 
place of sale, and the time of sale, or time limited for the receipt of proposals, which 
shall be not less than ten days after the first publication of the notice. The notice 
shall state that bidders must present with their bids a certified check upon an in- 
corporated bank or trust company, payable to the order of the municipality or of an 
executive, financial or clerical officer thereof, or a sum of money for or in an 
amount equal to two (2) per centum of the face amount of bonds bid for, to 
secure the municipality against any loss resulting from a failure of the bidder to 
.comply with the terms of his bid. The said notice shall be published not only in 
the manner prescribed by section two thousand nine hundred and twenty, but also- 
at least ten days before the expiration of the time limited for the receipt of bids, 
in a financial paper or trade journal published within the state of North Carolina, 
which publishes from time to time notices of the sale of municipal bonds; and 
the determination of the governing body that the paper or journal named for 
said publication is such financial paper or trade journal, and that it publishes from 
time to time notices of the sale of municipal bonds shall be conclusive. 

Proposals submitted pursuant to such notices shall be opened in public and the 
bonds shall be awarded to the highest bidder, unless all bids are rejected. The 
governing body may delegate the power to sell bonds to a committee thereof, or 
any two officers, but every private sale of bonds shall be made or confirmed 
by the governing body. Bonds of the municipality sold out of a sinking fund 
of a municipality shall be sold as provided in this section, except that such bonds 
may be sold for less than par. 

Nothing herein shall prevent a municipality from awarding its bonds to the 
bidder offering to take them at the lowest rate of interest, provided the notice of 
sale invites bidders to name rate of interest which the bonds are to bear. 

1917, c. 138, s. 30; 1919, c. 178, s. 3 (30) ; 1919, c. 285, s. 5 (5) ; Ex. Sess. 1921, c. 106, s. 1. 

2957. Application of funds. The proceeds of the sale of bonds under this 
act shall be used only for the purposes specified in the ordinance authorizing said 
bonds, and for the payment of the principal and interest of temporary loans 
made in anticipation of the sale of bonds: Provided, however, that if for any 
of the principal or interest of said bonds. The cost of preparing, issuing, and 
purposes, such unexpended part of the proceeds shall be applied to the payment 
reason any part of such proceeds are not applied to or are not necessary for such 

200 



2959 MUNICIPAL CORPORATIONS— Art. 26 Ch. 56 

marketing bonds shall be deemed to be one of the purposes for which the bonds 
are issued. 

1917, c. 138, s. 31; 1919, c. 178, s. 3 (31); Ex. Sess. 1921, c. 106, s. 1. 

2958. Bonds incontestable after delivery. Any bonds reciting that they are 
issued pursuant to this law shall in any action or proceeding involving their valid- 
ity be conclusively deemed to be fully authorized by this law and to have been 
issued, sold, executed, and delivered in conformity herewith, and with all other 
provisions of statutes applicable thereto, and shall be incontestable, anything herein 
or in other statutes to the contrary notwithstanding, unless such action or pro- 
ceeding is begun prior to the delivery of such bonds. 

1917, c. 138, s. 32; 1919, c. 178, s. 3 (32); Ex. Sess. 1921, c. 106, s. 1. 

2959. Taxes levied for payment of bonds. The full faith and credit of the 
municipality shall be deemed to be pledged for the punctual payment of the prin- 
cipal of and interest on every bond and note issued under this law, including 
assessment bonds or other bonds for which special funds are provided. The gov- 
erning body shall annually levy and collect a tax ad valorem upon all the taxable 
property in the municipality sufficient to pay the principal and interest of all bonds 
issued under this act as such principal and interest become due : Provided, how- 
ever, that such tax may be reduced by the amount of other moneys appropriated 
and actually available for such purpose. 

So much of the net revenue derived by the municipality in any fiscal year from 
the operation of any revenue producing enterprise owned by the municipality 
after paying all expenses of operating, managing, maintaining, repairing, enlarging 
and extending such enterprise, shall be applied, first to the payment of the interest, 
payable in the next succeeding year on bonds issued for such enterprise, and next, 
to the payment of the amount necessary to be raised by tax in such succeeding year 
for the payment of the principal of said bonds. All money derived from the 
collection of special assessments for local improvements for which bonds or notes 
were issued shall be placed in a special fund and used only for the payment of 
bonds or notes issued for the same or other local improvements. 

Every municipality shall have the power to levy taxes ad valorem upon all 
taxable property therein for the purpose of paying the principal of or the interest 
on any bonds or notes for the payment of which the municipality is liable, issued 
under any act other than this law, or for the purpose of providing a sinking fund 
for the payment of said principal, or for the purpose of paying the principal of or 
interest on any notes issued under this law. 

The powers stated in this section in respect of the levy of taxes for the payment 
of the principal and interest of bonds and notes shall not be subject to any limita- 
tion prescribed by law upon the amount or rate of taxes which a municipality may 
levy. Taxes levied under this section shall be levied and collected in the same 
manner as other taxes are levied and collected upon property in the municipality. 

1917, c. 138, s.. 33; 1919, c. 178, s.-3 (33); Ex. Sess. 1921, c. 106, s. 1. 



201 



2960 MUNICIPAL CORPORATIONS— Art. 27 Ch. 56 



Art. 27. Restrictions Upon the Exercise of Municipal Powers 

2960. In borrowing or expending money: 

1. No municipality shall: 

a. Make an appropriation of money except as provided in this law; 

b. Borrow money or issue bonds or notes except as provided in this law; 

c. Make an expenditure of money unless the money shall have been appropriated 
as provided in this law, or unless the expenditure is a payment of a judgment 
against the municipality or is a payment of the principal or interest of a bond 
or note of the municipality; or, 

d. Enter into any contract involving the expenditure of money unless a sufficient 
appropriation shall have been made therefor, except a continuing contract to be 
performed in whole or in part in an ensuing fiscal year, in which case an appropria- 
tion shall be made sufficient to meet the amount to be paid in the fiscal year in 
which the contract is made. 

2. The authorization of bonds by a municipality shall be deemed to be an appro- 
priation of the maximum authorized amount of the bonds for the purposes for which 
they are to be issued. 

1917, c. 138, s. 34; 1919, c. 178, s. 3 (34) ; Ex. Sess. 1921, c. 106, s. 1. 

2961. Manner of passing ordinances and resolutions. Ordinances and resolu- 
tions passed pursuant to this law shall be passed in the manner provided by other 
laws for the passage of ordinances and resolutions, but shall not be subject to the 
provisions of other laws prescribing conditions, acts, or things necessary to exist, 
happen, or be performed precedent to or after the passage of ordinances or resolu- 
tions in order to give them full force and effect : Provided, however, that in any 
municipality in which the acts of the governing body thereof involving the raising 
or expenditure of money are required by law to be approved by some other official 
board or officer of the municipality in order to make them effective, all ordinances 
and resolutions passed by the governing body under this law shall, unless they 
relate solely to elections held under this law, be so approved before they take effect. 

1917, c. 138, s. 35; 1919, c.,178', s. 3 (35) ; Ex. Sess. 1921, c. 106, s. 1. 

2962. Enforcement of law. If any board or officer of a municipality shall 
be ordered by a court of competent jurisdiction to levy or collect a tax to pay a judg- 
ment or other debt, or to perform any duty required by this act to be performed 
by such board or officer, and shall fail to carry out such order, the court, in addi- 
tion to all other remedies, may appoint its own officers or other persons to carry 
out such order. 

1917, c. 138, s. 36; 1919, c. 178, s. 3 (36) ; Ex. Sess. 1921, c. 106, s. 1. 

2963. Limitation of tax for general purposes. For the purpose of raising 
revenue for defraying the expenses incident to the proper government of the munici- 
pality, the governing body shall have the power and it is hereby authorized to levy 
and collect an annual ad valorem tax on all taxable property in the municipality at 
a rate not exceeding one dollar on the one hundred dollars valuation of said property, 
notwithstanding any other law, general or special, heretofore or hereafter enacted, 

202 



2900(a) MUNICIPAL OOKPOKATIONS— Art. 28 Ch. 56 

except a law hereafter enacted expressly repealing or amending this section : Pro- 
vided, that in cities where the taxable values for the year 1920 amounted to one 
hundred million dollars or more, the rate of taxation for general purposes shall 
not exceed sixty-five (65) cents on the one hundred dollars valuation. 
1917, c. 138, s. 37; 1919, c. 178, s. 3 (37) ; Ex. Sess. 1921, c. 106, s. 1. 

2964. Certain taxes validated. All taxes levied by any municipality after 
the enactment of chapter one hundred and thirty-eight of public laws of one 
thousand nine hundred and seventeen, and prior to December sixth, one thousand 
nine hundred and twenty-one, are hereby ratified and validated, notwithstanding 
the rate of said taxes exceeded the maximum rate prescribed by law, or any other 
defect or irregularity in the levy thereof. 

1919, c. 193; Ex. Sess. 1921, c. 106, s. 1. 

2965. Outstanding floating debt, validated, and may be funded. All floating 
or other indebtedness, not evidence by bonds, which was outstanding on Decem- 
ber sixth, one thousand nine hundred and twenty-one, and was incurred by a 
municipality in good faith for necessary expenses thereof (including floating or 
other indebtedness incurred in anticipation of the collection of taxes or for cur- 
rent expenses) is hereby validated, notwithstanding any want of power or authority 
to incur indebtedness for the purpose for which such indebtedness was incurred, 
and notwithstanding any defect in the procedure for incurring indebtedness, or 
any other defect or illegality, including the failure to observe any debt limit pre- 
scribed by law. The municipality may fund such outstanding indebtedness by 
issuing bonds as herein provided. 

1919, c. 178, s. 4; Ex. Sess. 1921, c. 106, s. 1. 

Art. 28. General Effect of Municipal Finance Act 

2966. Effect upon prior laws and proceedings taken. (Obsolete.) 

2967. Other acts repealed; exceptions. (Obsolete.) 

2968. Proceedings under act of 1917 validated. (Obsolete.) 

2969. General repealing clause. (Obsolete.) 

2969(a). Effect upon prior laws and proceedings taken. All acts and parts 
of acts, whether general, special, private or local, regulating or relating in any 
way to the issuance of /bonds or other obligations of a municipality, or relating 
to the subject-matter of this law, are hereby repealed : Provided, however, that 
this law shall not affect any local or private act enacted at the present session 
of the general assembly, or regular session of one thousand nine hundred and 
twenty-one, but the powers hereby conferred and the methods of procedure hereby 
provided shall be deemed to be conferred and provided in addition to and not in 
substitution for those conferred or provided by any such local or private act enacted 
at the extraordinary session, 1921, of the general assembly, or regular session of 
one thousand nine hundred and twenty-one, so that any municipality may, at its 

203 



2969(b) MUNICIPAL CORPORATIONS— Art. 29 Ch. 56 

option, proceed under any such local or private act applicable to it enacted at 
the extraordinary session, 1921, of the general assembly or regular session of one 
thousand nine hundred and twenty-one without regard to the restrictions imposed 
by this law, or may proceed under this law without regard to the restrictions im- 
posed by any other act : Provided further, that this law shall not affect any of 
the provisions of article nine of subchapter one of chapter 56 of Consolidated 
Statutes, except those provisions which prescribe methods of procedure for bor- 
rowing money or issuing bonds or other obligations, and said article shall apply to 
all municipalities in this state, notwithstanding any inconsistent, general, special, 
local or private laws : Provided further, that this law shall not affect any acts 
or proceedings heretofore done or taken for the issuance of bonds or other obligations 
under the municipal finance act, as it stood prior to December 20, 1921, or under 
any other law, and every municipality is hereby authorized to complete said acts 
and proceedings pursuant to the laws under which they were done or taken, and to 
issue said bonds or other obligations under such acts in the same manner as if this 
law had not been passed : Provided further, that this law shall not render in- 
valid any bonds or notes or proceedings for the issuance of bonds or notes in cases 
where such bonds, notes or proceedings have been validated by any other act. 
Ex. Sess. 1921, c. 106, s. 2. 

Art. 29. State Supervision of Payment of Bonds 

2969(b). Statement of outstanding bonds or notes. On or before March 
first, one thousand nine hundred and twenty-two, it shall be the duty of the clerk 
or secretary or other recording officer of each board in the state of North Carolina 
which has heretofore authorized the issuance of county, township, school district, 
or municipal bonds or notes having a fixed maturity of one year or more from the 
date thereof, to file with the state auditor a statement giving the amount of such 
bonds or notes then outstanding, their date, the time or times of maturity thereof 
and of the interest payable thereon, the rate of interest borne, the place or places 
at which the principal and interest are payable, the denomination of the bonds 
or notes, and the purpose of issuance. The statement shall also contain the name 
of the board in which is vested the authority and power to levy the taxes for the 
payment of the principal and interest of said bonds or notes, and a reference to 
the law under which said bonds or notes are issued. 

Ex. Sess. 1921, c. 1, s. 1. 

2969(c). Recording officer to report to state auditor. It shall be the duty of 
the recording officer of the governing body or board which shall hereafter author- 
ize any bonds of a county, township, school district, municipality or taxing dis- 
trict, having a fixed maturity of at least one year after the date thereof, to file 
with the state auditor a statement giving the amount so authorized, their date, 
the time or times of maturity thereof, and of the interest payable thereon, the rate 
of interest to be borne, the place or places at which the principal and interest will 
be payable, the denomination thereof, and the purpose of issuance, and said state- 
ment shall also contain the name of the board in which is vested the authority and 
power to levy the taxes for the payment of the principal and interest of such 

204 



2969(g) MUNICIPAL COKPOKATIONS— Art. 29 Ch. 56 

bonds, and a reference to the law under which such bonds are to be issued ; and no 
such bonds shall be valid until such statement shall have been filed. The state audi- 
tor shall record the substance of such statement in a book or books to be provided 
for that purpose, and upon request of such recording officer shall issue his cer- 
tificate to the effect that the statement required by this section has been filed and 
recorded, and such certificate shall be conclusive evidence of the fact of filing and 
recording in any action or dispute in relation to the validity of such bonds. 
1923, c. 123. 

2969(d). Auditor to furnish forms and file and index statements. It shall 
be the duty of the state auditor to prepare and furnish to all counties, townships, 
school districts, and municipal corporations throughout the state blank forms upon 
which such statements may be made, and to keep the statements made pursuant to 
this law in proper file, properly indexed, or to record the same in books to be kept 
by the state auditor. 

Ex. Sess. 1921, c. 1, s. 3. 

2969(e). Certification of necessary taxes by state auditor. It shall be the 
further duty of the state auditor to mail to the recording officer of each board 
having the power to levy taxes for the payment of the principal or interest of such 
obligations, as to which statements have been so filed, at least thirty days before the 
time for the levy of taxes ini,each year, a statement of the amount to be provided 
by taxation or otherwise for the payment of the interest accruing upon such bonds 
or notes within the following year, and for the payment of the bonds then ma- 
turing, if serial bonds, or for a sinking fund if such bonds do not mature serially. 

Ex. Sess. 1921, c. 1, s. 4. 

2969(f). Forfeit by members of boards failing to vote proper tax levy. If 

any board whose duty it shall be to provide for the payment by taxation, or other- 
wise, of the principal or interest of any such bonds or notes mentioned in sections 
2969(b) and 2969(c) shall willfully fail or refuse to make provision for such 
payment by the levy of such taxes as are authorized to be levied therefor, or other- 
wise, at or before the time provided for such tax levy, any member thereof who 
shall be present at the time for such levy who shall not have voted in favor thereof, 
or who shall not have caused his request that such provision be made to be 
recorded in the minutes of the meeting, shall be subject to a penalty of two hundred 
dollars ($200), which he shall forfeit and pay to any taxpayer or to any holder 
of such obligations or interest coupon who sues for the same. 
Ex. Sess. 1921, c. 1, s. 5. 

2969(g). Diversion of funds a misdemeanor. Any member of any board 
voting for any appropriation of money raised by taxation, or otherwise, for the 
payment of the interest and principal of any such bonds or notes to any other 
purpose until all of such principal and interest have been paid, and any disbursing 
officer who pays out any such funds to any other purpose than the payment of 
such principal and interest until all of such interest and principal have been paid, 
whether or not such payment shall have been ordered by any board, shall be guilty 
of a misdemeanor. 

Ex. Sess. 1921, c. 1, s. 6. 

205 



2969(h) MUNICIPAL CORPORATIONS— Art. 29 Ch. 56 

2969(h). Officer failing to make payments guilty of misdemeanor. If any 

officer whose duty it shall be to pay any of such principal or interest, or to remit 
funds for such payment to an agreed place for the payment thereof, shall fail 
or refuse to do so in sufficient time for such payment, funds for such payment 
being in his hands, whether or not such payment or remission for payment shall 
have been ordered by any board or officer, the officer so failing or refusing shall 
be deemed guilty of a misdemeanor. 
Ex. Sess. 1921, c. 1, s. 7. 

2969 (i). Report to solicitors by state auditor; annual report. It shall be 
the duty of the state auditor to report to the solicitors of the respective districts 
for investigation and action thereon any violation of this law which may come 
to his attention. The state auditor shall publish as a part of his annual report a 
statement) of the bonded indebtedness of all the subdivisions mentioned in the bill 
in substance as herein required. 

Ex. Sess. 1921, c. 1, s. 8. 



206 



CHAPTER 58 
NEGOTIABLE INSTRUMENTS 

Art. 2. Form and Interpretation 

2985. What constitutes determinable future time. An instrument is payable 
at a determinable future time, within the meaning of this chapter, which is ex- 
pressed to be payable (1) at a fixed period after date or sight; or (2) on or 
before a fixed or determinable future time specified therein; or (3) on or at a 
fixed period after the occurrence of a specified event which is certain to happen, 
though the time of happening be uncertain. An instrument payable upon a 
contingency is not negotiable, and the happening of the event does not cure the 
defect. An instrument is payable at a determinable future time, within the mean- 
ing of this chapter, notwithstanding the fact that it contains a provision waiving 
notice of protest, notice of dishonor, and an agreement to be bound notwithstand- 
ing any extension of time which may be granted. Or, if collaterals have been 
deposited as security for the payment thereof and the instrument contains a pro- 
vision that if the value of the securities so deposited has so decreased or declined as 
to render the holder insecure, the holder may require the maker to deposit other and 
further collaterals to secure the same, and, upon failure to comply with such demand, 
to declare the instrument due at once. An instrument payable upon a contingency 
is not negotiable, and the happening of the event does not cure the defect, but an 
instrument payable at a determinable future time is negotiable, even though it 
may mature or be declared due upon a contingency happening before such future 
time. 

Rev., s. 2156; 1899, c. 733, s. 4; 1923, c. 72. 



207 



CHAPTER 65 
PROBATE AND REGISTRATION 

Art. 1. Probate 

3299. Probate where clerk is a party. All instruments required or per- 
mitted by law to be registered to which clerks of the. superior court are parties or 
in which such clerks are interested may be proved or acknowledged and privy 
examination of any married woman, when necessary, taken before any justice 
of the peace of the county of said clerk, which clerk may then, under his hand 
and official seal, certify to the genuineness thereof, or before any judge of the 
superior court or justice of the supreme court, and the instrument probated and 
ordered to be registered by such judge or justice of the supreme court in like 
manner as is provided by law for probates by clerks of the superior court in other 
cases : Provided, that nothing contained herein shall prevent the clerk of the 
superior court, who is a stockholder or officer of any bank or other corporation, 
from adjudicating and ordering such instruments for registration, as have been 
acknowledged or proven before some justice of the peace or notary public. All 
probates made prior to March 8., 1921, by any such clerk of conveyances or other 
papers by any corporation in which such clerk was an officer or stockholder are 
hereby validated and declared sufficient for all such purposes. 

Rev., s. 995; 1891, c. 102; 1893, c. 3; 1913, c. 148, s. 1; 1921, c. 92; 1921, c. 106, s. 2. 

3305. Clerk to pass on certificate and order registration. When the proof or 
acknowledgment of the execution of any instrument, required or permitted by 
law to be registered, is had before any other official than the clerk or deputy 
clerk of the superior court of the county in which such instrument is offered for 
registration, the clerk or deputy clerk of the superior court of the county in which 
the instrument is offered for registration shall, before the same is registered, 
examine the certificate or certificates of proof or acknowledgment appearing 
upon the instrument, and if it appears that the instrument has been duly proved 
or acknowledged and the certificate or certificates to that ^ffect are in due form, 
he shall so adjudge, and shall order the instrument to be registered, together with 
the certificates. If the clerk of the superior court is a party to or interested in 
such instrument such adjudication and order of registration shall be made by his 
deputy or by the clerk of the superior court of^some other county of this state, or 
by some justice of the supreme court of this state or some judge of the superior 
court of this state. The acknowledgment of such instruments may also be made 
before a justice of the peace of said county, and the adjudication of the sufficiency 
of the certificate of said justice may be made by said clerk or his deputy : Pro- 
vided, that nothing contained herein shall prevent the clerk of the superior court, 
who is a stockholder or officer of any bank or other corporation, from adjudicating 
and ordering such instruments for registration, as have been acknowledged or 
proven before some justice of the peace or notary public. All probates made 
prior to March 8, 1921, by any such clerk of conveyances or other papers by any 
corporation in which such clerk was an officer or stockholder are hereby validated 
and declared sufficient for all such purposes. 

Rev., s. 999; 1899, c. 235, s. 7; 1905, c. 414; 1921, c. 91. 

208 



3366(a) PKOBATE AND REGISTRATION— Arts. 2, 4 Ch. 65 



Art. 2. Registration 

3318. Plats and subdivisions. Any person, firm, or corporation, owning land 
in this state, whq.may desire to subdivide the same into smaller tracts or lots for 
the purpose of sale or other purpose, may have a plat or subdivision of such 
land recorded in the office of the register of deeds of the county in which such 
land or any part thereof is situated, upon proof upon oath by the surveyor mak- 
ing such plat or subdivision that the same is in all respects correct and was pre- 
pared from an actual survey by him made, giving the date of such survey and 
the variation of the magnetic needle. Such plats or subdivisions when so proven, 
and probated as deeds and other conveyances, shall be recorded either by tran- 
scribing a correct copy thereof upon or by permanently attaching the original 
to the records, or in a book to be designated the "Book of Plats"; and when so 
recorded shall be duly indexed. 

Where any map or plat has been recorded, either by transcribing a correct copy 
thereof upon or by permanently attaching the original to 1 .the records or in a book 
designated "Books of Plats," such map or plat shall be deemed to have been re- 
corded in full compliance with this section, notwithstanding the fact that the same 
has not been probated in accordance with the provisions hereof; and the regis- 
tration of all plats and maps which have been recorded by transcribing a correct 
copy thereof upon or by permanently attaching the original to the records or in 
a book designated "Book of Plats" is hereby validated as fully as if the statute 
had been fully and completely complied with : Provided, this paragraph shall 
not apply to litigation pending February 17, 1923, nor shall it affect vested rights 
accrued prior to that date. 

1911, c. 55, s. 2; 1923, c. 105. 

Art. 4. Curative Statutes ; Acknowledgments ; Probates ; 

Registration 

3366(a). Validation of probate of deeds by clerks of courts of record of 
other states, where official seal is omitted. In all cases where, prior to the first 
day of January, one thousand eight hundred and ninety-one, the acknowledgment, 
privy examination of a married woman, or other proof of the execution of any deed, 
mortgage, or other instrument authorized to be registered has been taken before 
a clerk of a court of record in another state, and such clerk has failed or neglected 
to affix his official seal to his certificate of such acknowledgment, privy examina- 
tion, or other proof of execution, of such deed, mortgage or other instrument, or 
where such court had no official seal and no official seal was affixed to such cer- 
tificate by reason of that fact, and such deed, mortgage, or other instrument has 
been ordered to registration by the clerk of the superior court of any county in 
this state and has been registered, the probate of any and every such deed, mort- 
gage, or other instrument authorized to be registered shall be and hereby is to all 
intents and purposes validated : Provided, that this section shall not apply to 
litigation pending February 5, 1921. 

1921, c. 15, ss. 1, 2. 

14 209 



3366(b) PROBATE AND REGISTRATION— Art. 4 Ch. 65 

3366(b). Validation of probates by different officers of deeds by wife and 
husband. In all cases where, prior to the second day of March, one thousand 
eight hundred and ninety-five, the acknowledgment, privy examination of a married 
woman, or other proof of the execution of any deed, mortgage, or other instrument, 
authorized to be registered, executed by husband and wife, has been taken as to 
the husband and wife in different states and by different officers having power to 
take acknowledgments, any and every such acknowledgment, privy examination 
of a married woman, or other proof of execution, and the probate of any and 
every such deed, mortgage or other instrument shall be and hereby is, to all intents 
and purposes validated. This section shall not apply to litigation pending Febru- 
ary 5, 1921, or to vested rights. 

1921, c. 19, ss. 1, 4. 

3366(c). Registration without formal order validated. In all cases where 
the acknowledgment, privy examination of a married woman, or other proof of 
the execution of any deed, mortgage or other instrument, authorized to be regis- 
tered, has been taken before a commissioner in another state appointed by the 
probate judge of any county of this state, under the provisions of section twenty 
of chapter thirty-five of Battle's Revisal, during the time said chapter remained 
in force and effect, and such commissioner has certified to such acknowledgment, 
privy examination or other proof, and has returned such deed, mortgage or other 
instrument to said probate judge, with his certificate endorsed thereon, and such 
deed, mortgage or other instrument, together with such certificate, has been regis- 
tered, without any adjudication or order of registration by such probate judge, 
the probate and registration of any and every such deed shall be, and hereby is, 
to all intents and purposes validated. This section shall not apply to litigation 
pending February 5, 1921, or to vested rights. 

1921, c. 19, ss. 2, 4. 

3366(d). Same. In all cases where any deed, mortgage or other instrument 
has heretofore been acknowledged or probated in accordance with the provisions 
of this law, and such deed, mortgage or other instrument has been registered, 
without any order of registration by the probate judge or clerk of the superior 
court appearing thereon, the probate and registration of any and every such deed, 
mortgage or other instrument shall be, and hereby is to all intents and purposes 
validated. This section shall not apply to litigation pending February 5, 1921, 
or to vested rights. 

1921, c. 19, ss. 3, 4. 

3366(e). Validation of acknowledgments taken by notaries public holding 
other office. In every case where deeds or other instruments have been ac- 
knowledged before a notary public, when the notary public, at the time was also 
holding some other office, and the deed or other instrument has been duly probated 
and recorded, such acknowledgment taken by such notary public is hereby declared 
to be sufficient and valid : Provided, this section shall not affect vested rights or 
litigation landing February 3, 1921. 

1921, c. 21. 

210 



3300 (i) PEOBATE AND REGISTRATION— Art. 4 Ch. 05 

3366(f). Validation of certain probates of deeds before consular agents of 
the United States. In all cases where the acknowledgment, privy examination 
of a married woman, or other proof of the execution of any deed, mortgage or 
other instrument authorized or required to be registered has been taken before 
any consular agent of the United States, during the time chapter thirty-five of 
Battle's Revisal remained in force and effect, and such acknowledgment, privy 
examination, or other proof of the execution of such deed, mortgage, or other 
instrument is in other respects regular and in proper form, and such deed, mort- 
gage, or other instrument has been duly ordered to registration and registered in 
the proper county, the acknowledgment, probate, and registration of any and every 
such deed, mortgage, or other instrument is hereby validated as fully and to the 
same effect as though such acknowledgment, privy examination, or other proof 
of execution!, had been taken before one of the officers named in subsection five of 
section two of said chapter thirty-five of Battle's Revisal. No litigation pending 
March 8, 1921, shall be affected by this section. 

1921, c. 157. 

3366(g). Probates before stockholders and directors of banks. No acknowl- 
edgment or proof of execution, including privy examination of married women, 
of any mortgage, or deed of trust executed to secure the payment of any indebted- 
ness to any banking corporation, taken prior to the first day of January, one 
thousand nine hundred and twenty-three (1923), shall be held invalid by reason 
of the fact that the officer taking such acknowledgment, proof, or privy examination 
was a stockholder or director in such banking corporation : Provided, that this 
section shall not affect litigation pending February 7, 1923. 

1923, c. 17. 

3366(h). Acknowledgments taken by notaries interested as trustee or hold- 
ing other office. In every case where deeds and other instruments have been 
acknowledged and privy examination of wives had before notaries public, when 
the notary public at the time was interested as trustee in said instrument or at 
the time waaj^also holding some other office, and the deed or other instrument has 
been duly probated and recorded, such acknowledgment and privy examination 
taken by such notary public is hereby declared to be sufficient and valid : Pro- 
vided, this section shall not affect litigation j:>ending March 1, 1923. 

1923, c. 61. 

3366 (i). Validation of instruments registered without probate. In every 
case where it shall appear from the records in the office of the register of deeds 
of any county in the state that any instrument of writing required or allowed by law 
to be registered prior to January first, eighteen hundred and sixty-nine, without any 
acknowledgment, proof, privy examination, or, probate, or upon a defective ac- 
knowledgment, proof, privy examination, or probate, the record of such instru- 
ment may, notwithstanding, be read in evidence in any ofythe courts of this state, 
if otherwise competent. This section shall not apply to suits pending March 6, 
1923, or affect any vested rights. 

1923, c. 215, s. 1. 

211 



3366(j) PEOBATE AND EEGISTEATION— Art. 5 Ch. 65 

3366 (j). Registration on defective probates beyond state. In every case 
where it shall appear from the records in the office of the register of deeds of 
any county in this state that any instrument required or allowed by law to be 
registered, bearing date prior to the year one thousand eight hundred and thirty- 
five, executed by any person or persons residing in any of the United States, other 
than this state, or in any of the territories of the United States, or in the District 
of Columbia, has been proven or acknowledged, or the privy examination of any 
feme covert taken thereto, before any officer or person authorized by any of the 
laws of this state in force prior to the said year one thousand eight hundred and 
thirty-five to take such proofs, privy examinations and acknowledgments, and the 
said instrument has been registered in the proper county without the certificate 
of the governor of the state or territory in which such proofs, acknowledgments or 
privy examinations were taken, or of the secretary of state of the United States, 
when such certificate or certificates were required, as to the official character" of 
the person taking such acknowledgment, proof or privy examination, as aforesaid, 
and without an order of registration made by a court or judge in this state having 
jurisdiction to make such order, then and in all such cases such proofs, privy ex- 
aminations, acknowledgments and registrations are hereby in all respects fully 
validated and confirmed and declared to be sufficient in law, and such instruments 
so registered may be read in evidence in any of the courts of this state. This 
section shall not apply to suits pending March 6, 1923, or affect any vested rights. 

1923, c. 215, ss. 2, 3. 

Art. 5. Registration of Official Discharges from the Military 
and Naval Forces of the United States 

3366 (k). Book for record of discharges in office of register of deeds; speci- 
fications. There shall be provided, and at all times maintained, in the office 
of the register of deeds of each county in North Carolina a special and permanent 
book, in which shall be recorded official discharges from the military and naval 
forces of the United States. Said book shall be securely bound, and the pages of 
the same shall be printed in the form of discharge papers, with sufficient blank 
lines for the recording of such dates as may be contained in the discharge papers 
offered for registration. 

1921, c. 198, s. 1. 

3366(1). Registration of official discharge or certificate of last discharge; 
fee. Upon the presentation of any official discharge, or official certificate of 
lost discharge, from the army, navy, or marine corps of the United States, and the 
payment of a fee of twenty-five (25) cents therefor, it shall be the duty of the regis- 
ter of deeds of the several counties of the state to record such discharge in the 
book provided for in the preceding section. 

1921, c. 198, s. 2. 

3366 (m). Inquiry by register of deeds; oath of applicant. If any register 
of deeds shall be in doubt as to whether or not any paper so presented for regis- 
tration is an official discharge from the army, navy, or marine corps of the United 
States, or an official certificate of lost discharge, he shall have power to examine, 

212 



3366 (o) PROBATE AND REGISTRATION— Art. 5 Ch. 65 

under oath, the person so presenting such discharge, or otherwise inquire into its 
validity ; and every register of deeds to whom a discharge or certificate of lost 
discharge is presented for registration shall administer to the person offering such 
discharge or certificate of lost discharge for registration the following oath, to be 
recorded with and form a part of the registration of such discharge or certificate of 
lost discharge: 

"I, , being duly sworn, depose and say that the foregoing dis- 
charge (or certificate of lost discharge) is the original discharge (or certificate 
of lost discharge) issued to me by the Government of the United States ; and that 
no alterations have been made therein by me, or by any person to my knowledge. 



Subscribed and sworn to before me this day of ..., 

19 " 

1921, c. 198, s. 3. 

3366 (n). Forgery or alteration of discharge or certificate; punishment. Any 

person who shall forge, or in any manner alter any discharge or certificate of lost 
discharge issued by the Government of the United States, and offer the same for 
registration or secure the registration of the same under the provisions of this 
article shall be guilty of a misdemeanor, and upon conviction shall be fined or 
imprisoned in the discretion of the court. 
1921, c. 198, s. 4. 

3366 (o). Certified copy of registration; fee. Any person desiring a certi- 
fied copy of any such discharge, or certificate of lost discharge, registered under 
the provisions of this article shall apply for the same to the register of deeds of 
the county in which such discharge or certificate of lost discharge is registered ; 
and it shall be the duty of the register of deeds to furnish such certified copy 
upon the payment of a fee of fifty (50) cents therefor. 

1921, c. 198, s. 5. 



213 



CHAPTER 66 
PROHIBITION 

Art. 5. Delivery and Receiving Regulated 

3394. Permit to obtain alcohol for certain purposes. (Repealed by Public 
Laws 1921, Chapter 204.) 

3395. Permit attached to package. (Repealed by Public Laws 1921. Chapter 

204.) 

3396. Duplicate permit filed with clerk. (Repealed by Public Laws 1921, 
Chapter 204.) 

Art. 8. National Liquor Law_, Conformation of State Law 

3411(a). Definitions. When used in this article — 

(1) The word "liquor" or the phrase "intoxicating liquor" shall be construed to 
include alcohol, brandy, whiskey, rum, gin, beer, ale, porter, and wine, and in addi- 
tion thereto any spirituous, vinous, malt or fermented liquors, liquids, and com- 
pounds, whether medicated, proprietary, patented, or not, and by whatever name 
called, containing one-half of one per centum or more of alcohol by volume, which 
are fit for use for beverage purposes : Provided, that the foregoing definition shall 
not extend to dealcoholized wine nor to any beverage or liquid produced by the pro- 
cess of which beer, ale, porter, or wine is produced, if it contains less than one-half 
of one per cent of alcohol by volume, and is otherwise denominated than as beer, ale, 
or porter, and is contained and sold in, or from, sealed and labeled bottles, casks, or 
containers, and is made in accordance with the regulations set forth in Title II 
of "The Volstead Act," an act of Congress enacted October twenty-eighth, one 
thousand nine hundred and nineteen, and an act supplemental to the National 
Prohibition Act, "H. R. 7294," an act of Congress approved November twenty- 
third, one thousand nine hundred and twenty-one. 

(2) The word "person" shall mean and include natural persons, associations, 
copartnerships, and corporations. 

1923, c. 1, s. 1. 

3411(b). Manufacture, sale, etc., forbidden. Construction of law. Nonbev- 
erage liquor. No person shall manufacture, sell, barter, transport, import, 
export, deliver, furnish, purchase, or possess any intoxicating liquor except as 
authorized in this article ; and all the provisions of this article shall be liberally con- 
strued to the end that the use of intoxicating liquor as a beverage may be pre- 
vented. Liquor for nonbeverage purposes and wine for sacramental purposes may 
be manufactured, purchased, sold, bartered, transported, imported, exported, deliv- 
ered, furnished, and possessed, but only as provided by Title II of "The Volstead 
Act," act of congress enacted October twenty-eighth, one thousand nine hundred 
and nineteen, an act supplemental to the National Prohibition Act, "H. R. 7294," 

214 



3411(f) PROHIBITION— Art. 8 Ch. 66 

an act of Congress approved November twenty-third, one thousand nine hundred 
and twenty-one. 
1923, c. 1, s. 1. 

3411(c). Advertisements, signs, and billboards. It shall be unlawful to ad- 
vertise, anywhere or by any means or method, liquor, or the manufacture, sale, 
keeping for sale or furnishing of the means, or where, how, from whom, or at what 
price the same may be obtained. JSTo one shall permit any sign or billboard con- 
taining such advertisement to remain upon one's premises. 

1923, c. 1, s. 3. 

3411(d). Advertising, etc., of utensils, etc., for use in manufacturing liquor. 
It shall be unlawful to advertise, manufacture, sell, or possess for sale any utensil, 
contrivance, machine, preparation, compound, tablet, substance, formula, direc- 
tion, or receipt advertised, designed, or intended for use in the unlawful manufac- 
ture of intoxicating liquor. It shall be unlawful to have or possess any liquor 
or property designated for the manufacture of liquor intended for use in violating 
this article, or which has been so used, and no property rights shall exist in any 
such liquor or property. 

1923, c. 1, s. 4. 

3411(e). Soliciting orders for liquor. No person shall solicit or receive, nor 
knowingly permit his employee to solicit or receive, from any person any order for 
liquor or give any information of how liquor may be obtained in violation of this 
article. 

1923, c. 1, s. 5. 

3411(f). Seizure of liquor or conveyance. Arrests. Sale of property. 

When any officer of the law shall discover any person in the act of transporting, 
in violation of the law, intoxicating liquor in any wagon, buggy, automobile, water 
or air craft, or other vehicle, it shall be his duty to seize any and all intoxicating 
liquor found therein being transported contrary to law. Whenever intoxicating 
liquor transported or possessed illegally shall be seized by an officer he shall take 
possession of the vehicle and team or automobile, boat, air or water craft, or any 
other conveyance, and shall arrest any person in charge thereof. Such officer shall 
at once proceed against the person arrested under the provisions of this article 
in any court having competent jurisdiction ; but the said vehicle or conveyance shall 
be returned to the owner upon execution by him of a good and valid bond, with 
sufficient sureties, in a sum double the value of the property, which said bond 
shall be approved by said officer and shall be conditioned to return said property to 
the custody of said officer on the clay of trial to abide the judgment of the court. 
The court, upon the conviction of the person so arrested, shall order the liquor 
destroyed, and, unless the claimant can show that the property seized is his prop- 
erty, and that the same was used in transporting liquor without his knowledge 
and consent, with the right on the part of the claimant to have a jury pass upon 
his claim, shall order a sale by public auction of the property seized, and the 
officer making the sale, after deducting the expenses of keeping the property, the 
fee for the seizure, and the cost of the sale, shall pay all liens, according to their 

215 



3411(g) PROHIBITION— Art. 8 Ch. 66 

priorities, which are established, by intervention or otherwise at said hearing or in 
other proceeding brought for said purpose, as being bona fide and as having been 
created without the lienor having any notice that the carrying vehicle was being 
used for illegal transportation of liquor, and shall pay the balance of the proceeds 
to the treasurer or the proper officer in the county who receives fines and for- 
feitures, to be used for the school fund of the county. All liens against property 
sold under the provisions of this section shall be transferred from the property 
to the proceeds of the sale of the property. If, however, no one shall be found 
claiming the team, vehicle, water or air craft, or automobile, the taking of the 
same, with a description thereof, shall be advertised in some newspaper published 
in the city or county where taken, or, if there be no newspaper published in such 
city or county, in a newspaper having circulation in the county, once a week for 
two weeks and by handbills posted in three public places near the place of seizure, 
and if no claimant shall appear within ten days after the last publication of the 
advertisement, the property shall be sold, and the proceeds, after deducting the 
expenses and costs, shall be paid to the treasurer or proper officer in the county 
who receives fines and forfeitures, to be used for the school fund of the county: 
Provided, that nothing in this section shall be construed to authorize any officer to 
search any automobile or other vehicle or baggage of any person without a search 
warrant duly issued, except where the officer sees or has absolute personal knowl- 
edge that there is intoxicating liquor in such vehicle or baggage. 
1923, c. 1, s. 6. 

3411(g). Witnesses; self-crimination; immunity. No person shall be excused,, 
on the ground that it may tend to incriminate him or subject him to a penalty 
or forfeiture, from attending and testifying, or producing books, papers, documents, 
and other evidence in obedience to a subpoena of any court in any suit or pro- 
ceeding based upon or growing out of any. alleged violation of this article, but no 
natural person shall be prosecuted or subjected to any penalty or forfeiture for or on 
account of any transaction, matter, or thing as to which, in obedience to a subpoena 
and under oath, he may so testify or produce evidence; but no person shall be ex- 
empt from prosecution and punishment for perjury committed in so testifying. 

1923, c. 1, s. 7. 

3411(h). Place of sale and delivery. Place of prosecution. In case of a 
sale of liquor where the delivery thereof was made by a common or other carrier, 
the sale and delivery shall be deemed to be made in the county wherein the delivery 
was made by such carrier or the consignee, his agent or employee, or in the county 
wherein the sale was made, or from which the shipment was made, and prosecution 
for such sale or delivery may be had in either county. 

1923, c. 1, s. 8. 

3411 (i). Uniting separate offenses in indictment, etc. Bill of particulars. 
Trial. In any affidavit, information, warrant, or indictment for the violation 
of this article, separate offenses may be united in separate counts, and the defendant 
may be tried on all at one trial, and the penalty for all offenses may be imposed. 
It shall not be necessary in any affidavit, information, warrant, or indictment to 

216 



3411(1) PEOHIBITION— Art. 8 Ch. G6 

give the name of the purchaser or to include any defensive negative averments, 
but it shall be sufficient to state that the act complained of was then and there pro- 
hibited and unlawful; but this provision shall not be construed to preclude the 
trial court from directing the furnishing the defendant a bill of particulars when 
it deems it proper to do so. 
1923, c. 1, s. 9. 

3411 (j). Possession prima facie evidence of keeping for sale. The possession 
of liquor by any person not legally permitted under this article to possess liquor 
shall be prima facie evidence that such liquor is kept for the purpose of being sold, 
bartered, exchanged, given away, furnished, or otherwise disposed of in violation of 
the provisions of this article. But it shall not be unlawful to possess liquor in 
one's private dwelling while the same is occupied and used by him as his dwelling 
only, provided such liquor is for use only for the personal consumption of the 
owner thereof, and his family residing in such dwelling, and of his bona fide 
guests when entertained by him therein. 

1923, c. 1, s. 10. 

341 l(k). Summons on citizens having interest in property. In all cases 
wherein the property of any citizen is proceeded against or wherein a judgment 
affecting it might be rendered, and the citizen is not the one who in person violated 
the provisions of the law, summons must be issued in due form and served 
personally, if said person is to be found within the jurisdiction of the court. 

1923, c. 1, s. 11. 

3411(1). Seach warrants. Disposal of liquor seized. Upon the filing of a 
complaint under oath by a reputable citizen or information furnished under oath 
by an officer charged with the execution of the law, before a justice of the peace, re- 
corder, mayor, or other officer authorized by the law to issue warrants, that be 
has reason to believe that any person has in his possession, at a place or places 
specified, liquor for the purpose of sale, a warrant shall be issued commanding the 
officer to whom it is directed to search the place or places described in such com- 
plaint or information ; and if such liquor be found in any such place or places, 
to seize and take into his custody all such liquor, and to seize and take into 
his custody all glasses, bottles, jugs, pumps, bars, or other equipment used in 
the business of selling intoxicating liquor which may be found at such place 
or places, and to keep the same subject to the order of the court. The com- 
plaint or information shall describe the place or places to be searched with 
sufficient particularity to identify the same, and shall describe the intoxicating 
liquor or other property alleged to be used in carrying on the business of selling 
intoxicating liquor as particularly as practicable, and any description, however 
general, that will enable the officer executing the warrant to identify the property 
seized shall be deemed sufficient. All liquor seized under this section shall be held 
and upon acquittal of the person so charged shall be returned to such person, and 
upon conviction, or upon default of appearance, shall be destroyed. 

1923, c. 1, s. 12. 

217 



3411 (m) PROHIBITION— Art. 8 Cli. 66 

3411 (m). Grand jury, witnesses before. Effect of evidence. When the so- 
licitor of any judicial district has good reason to believe that liquor has been man- 
ufactured or sold contrary to law within a county in his district, and believes that 
any person has knowledge of the existence and establishment of any illicit dis- 
tillery, or that any person has sold liquor illegally, then it is lawful for the solicitor 
to apply to the clerk of the superior court of the county wherein the offense is 
supposed to have been committed to issue a subpoena for the person so having 
knowledge of said offense to appear before the next grand jury drawn for the 
county, there to testify upon oath what he may know touching the existence, estab- 
lishment, and whereabouts of said distillery, or persons who have sold intoxicating 
liquor contrary to law, who shall give the names and personal description of the 
keepers thereof , and of any person who has sold liquor unlawfully ; and such evi- 
dence, when so obtained, shall be considered and held in law as an information on 
oath upon which the grand jury shall make presentment, as provided by law in 
other cases. If any officer shall fail or refuse to use due diligence in the execution 
of the provisions of this section he shall be guilty of laches in office, and such failure 
be cause for removal from office. 

1923, c. 1, s. 13. 

3411 (n). Clubrooms and other places for keeping, etc., of liquor. No cor- 
poration, club, association, or person shall directly or indirectly keep or maintain, 
alone or by association with others, or by any other means, or shall in any manner 
aid, assist, or abet others in keeping or maintaining a clubroom or other place where 
intoxicating liquor is received, kept, or stored for barter, sale, exchange, distri- 
bution, or division among the members of any such club or association or aggre- 
gation of persons, or to or among any other persons by any means whatever, or shall 
act as agents in ordering, procuring, buying, storing, or keeping intoxicating liquor 
for any such purpose. 

1923, c. 1, s. 14. 

341 l(o). Records of transportation companies. Evidence. All express com- 
panies, railroad companies, or other transportation companies doing business in 
this state are required hereby to keep a separate book in which shall be entered 
immediately upon receipt thereof the name of the person to whom liquor is shipped, 
the amount and kind received, and the date when received, the date when delivered, 
by whom delivered, and to whom delivered, after which record shall be a blank 
space, in which the consignee shall be required to sign his name, or, if he cannot 
write, shall make his mark in the presence of a witness, before such liquor is 
delivered to such consignee, and which book shall be open for inspection to any 
officer or citizen of the state, county, or municipality any time during business 
hours of the company, and such book shall constitute prima facie evidence of 
the facts therein and will be admissible in any of the courts of this state. Any 
express company, railroad company, or other transportation company, or any 
employee or agent of any express company, railroad company, or other transpor- 
tation company violating the provisions of this section shall be guilty of a mis- 
demeanor. 

1923, c. 1, s. 15. 

218 



3411 (t) PKOHIBITION— Art. 8 Ch. 66 

3411(p). Indictments; allegations of sale. Circumstantial evidence. In in- 
dictments for violating any provisions of this article it shall not be necessary to al- 
lege a sale to a particular person, and the violation of law may be proved by circum- 
stantial evidence as well as by direct evidence. 

1923, c. 1, s. 16. 

341 1 (q) . Serving liquor with meals. It is unlawful for any person to serve 
with meals, or otherwise, any liquor or intoxicating bitters, where any charge is 
made for such meal or service. 

1923, c. 1, s. 17. 

341 l(r). Sale by druggists or pharmacists. It is unlawful for any druggist 
or pharmacist to sell, or otherwise dispose of for gain, any intoxicating liquor. 
1923, c. 1, s. 18. 

341 l(s). Grain alcohol for use in medicine or surgery. Manufacture or sale 
of cider. The provisions of this article shall not apply to grain alcohol, re- 
ceived by duly licensed physicians, druggists, dental surgeons, college, university, 
and state laboratories, and manufacturers of medicine, when intended to be used 
in compounding, mixing, or preserving medicines or medical preparations, or for 
surgical purposes, when obtained as hereinbefore provided : Provided, however, 
that nothing contained in this article shall prohibit the importation into the state 
of l^orth Carolina and the delivery and possession in the state for use in industry, 
manufactures, and arts of any denatured alcohol or other denatured spirits which 
are compounded and made in accordance with the formulae prescribed by acts of 
Congress of the United States and regulations made under authority thereof by the 
Treasury Department of the United States and the commissioner of internal rev- 
enue thereof, and which are not now subject to internal revenue tax levied by the 
Government of the United States : Provided further, that this article shall not 
apply to wines and liquors required and used by hospitals or sanatoriums bona 
fide established and maintained for the treatment of patients addicted to the use 
of liquor, morphine, opium, cocaine, or other deleterious drugs, when the same are 
administered to patients actually in such hospitals or sanatoriums for treatment, 
and when the same are administered as an essential part of the particular system 
or method of treatment and exclusively by or under the direction of a duly licensed 
and registered physician of good moral character and standing : Provided, further, 
that this article shall not prohibit the manufacture or sale of cider or vinegar. 

1923, c. 1, s. 19. 

341 l(t). Wine for sacramental purposes. It is lawful for any ordained 
minister of the gospel who is in charge of a church and at the head of a congrega- 
tion in this state to receive in the space of ninety consecutive days a quantity of 
vinous liquor not greater than three gallons, for use in sacramental purposes only, 
and it shall be lawful for him to receive same in one or more packages or one 
or more receptacles. 

1923, c. 1, s. 20. 

219 



3411 (u) PROHIBITION— Art. 8 Oh. 66 

341 l(u). Sheriffs and police to search for and seize distilleries; confiscation; 
disposal of property. It is the duty of the sheriff of each county in the state 
and of the police of each incorporated town or city in the state to search for and 
seize any distillery or apparatus used for the manufacture of intoxicating liquor 
in violation of the laws of North Carolina, and to deliver same, with any materials 
used for making such liquor found on the premises, to the board of county com- 
missioners, who shall confiscate the same and shall cause the distillery to be cut up 
and destroyed, in their presence or in the presence of a committee of the board, and 
who may dispose of the material, including the copper or other material from the 
destroyed still or apparatus, in such manner as they may deem proper. 
1923, c. 1, s. 21. 

341 l(v). Destruction of liquor at distillery. Persons arrested. It is the 

duty of the sheriff and other officers mentioned in the preceding section to seize 
and then and there destroy any and all liquor which may be found at any distillery 
for the manufacture of intoxicating liquor in violation of law, and to arrest and 
hold for trial all persons found on the premises engaged in distilling or aiding or 
abetting in the manufacture or sale of intoxicating liquor. 
1923, c. 1, s. 22. 

341 l(w). Laches of officers; removal from office. If, any officer mentioned in 
the two preceding sections shall fail or refuse to use diligence in the execution of 
the provisions of such section, after being informed of violation thereof, he shall 
be guilty of laches in office, and such failure be cause for removal therefrom. 

1923, c. 1, s. 23. 

3411 (x). Rewards for seizure of still. For every distillery seized under this 
article the sheriff or other police officer shall receive such sum as the board of 
county commissioners of the county in which the seizure was made shall, in the 
discretion of such board, allow, which sum shall not be less than five dollars nor 
more than twenty dollars : Provided, that the commissioners shall not .pay any 
amount if they are satisfied, after due investigation, that the seizure of the distillery 
was not bona fide made : Provided further, that when the sheriff of a county 
captures a distillery he shall receive the fee for his own use, regardless of whether 
he be on fees or salary. 

1923, c. 1, s. 24. 

341 l(y). Officers given power to compel evidence. Effect of evidence. Pro- 
cess. Immunity to witnesses. When any justice of the peace, magistrate, 
recorder, mayor of a town, or judge of the superior courts or supreme court shall 
have good reason to believe that any person within his jurisdiction has knowledge 
of the unlawful sale of liquor or the existence and establishment of any place where 
intoxicating liquor is sold or manufactured contrary to law, in any town or county 
within his jurisdiction, such person not being minded to make voluntary informa- 
tion thereof on oath, then it shall be lawful for such justice of the peace, magis- 
trate, recorder, mayor, or judge to issue to the sheriff of the county or to any con- 
stable of the town or township in which such place where intoxicating liquor is sold 
or manufactured contrary to law is supposed to be, a subpoena, capias ad testifi- 

220 



3411 (cc) PKOHIBITION— Art. 8 Ch. 66 

candum, or other summons in writing, commanding such person to appear imme- 
diately before such justice of the peace, magistrate, recorder, mayor, or judge, and 
give evidence on oath as to what he may know touching the existence, establishment, 
and whereabouts of such place where intoxicating liquor is sold or manufactured 
contrary to law, and the name and personal description of the keeper thereof, or 
person selling or manufacturing liquor. Such evidence, when obtained, shall be 
considered and held in law as an information under oath, and the justice, magis- 
trate, recorder, mayor, or judge may thereupon proceed to seize and arrest such 
keeper or person selling, manufacturing, or having liquor contrary to law, and 
issue such process as is provided by law. ISTo discovery made by the witness upon 
such examination shall be used against him in any penal or criminal prosecution, 
and he shall be altogether pardoned of the offense so done or participated in by him. 
1923, c. 1, s. 25. 

341 l(z). Distilling or manufacturing liquor. First offense misdemeanor. 
It is unlawful for any person to distill, manufacture, or in any manner make, or 
for any person to aid, assist, or abet any such person in distilling, manufacturing, 
or in any manner making any spirituous or malt liquors or intoxicating bitters 
within the state of North Carolina. Any person or persons violating the provisions 
of this section shall, for the first conviction, be guilty of a misdemeanor and, upon 
conviction or confession of guilt, punished in the discretion of the court ; for the 
second or any subsequent conviction, said person or persons shall be guilty of a 
felony, and upon conviction or confession in open court shall be imprisoned in the 
state prison for not less than four months and not exceeding five years, in the dis- 
cretion of the court. 

1023, c. 1, s. 2G. 

3411(aa). Misdemeanor; punishment. Effect of previous punishment by 
federal court. Any person violating any of the provisions of this article, except 
as otherwise specified in this article, shall be guilty of a misdemeanor, and upon 
conviction shall be fined or imprisoned, or both, in the discretion of the court : 
Provided, that no person shall be punished who has been previously punished for 
the same offense by a federal court. 

1923, c. 1, s. 27. 

3411(bb). Laws repealed. Local laws. All laws in conflict with this article 
are hereby repealed, but nothing in this article shall operate to repeal any of the 
local acts of the general assembly of North Carolina prohibiting the manufacture 
or sale or other disposition of any liquor mentioned in this article, or any laws 
for the enforcement of the same, but all such acts shall continue in full force and 
effect and in concurrence herewith, and indictment or prosecution may be had 
either under this article or under any local act relating to the same subject. 

1923, c. 1, s. 28. 

3411(cc). Effect of partial invalidity of article. If any provision of this 
article shall be held invalid, it shall not be construed to invalidate other pro- 
visions of this article. 

1923, c. 1, s. 29. 

221 



CHAPTER 67 
RAILROADS AND OTHER CARRIERS 

Akt. 2. Incorporation, Officers, and Stock of Railroads 

3420. Articles of association; contents; signature; filing. Any number of per- 
sons, not less than six, at least one of whom shall be a citizen and resident of 
this state, may form a company for the purpose of constructing, maintaining and 
operating a railroad for public use in the conveyance of persons and property, or 
for the purpose of maintaining and operating any unincorporated railroad 
already constructed for the like public use ; and for that purpose may make and 
sign articles of association, in which shall be stated the name of the company, 
the number of years the same is to continue, the places from and to which the 
road is to be constructed or maintained and operated, the length of such road as 
near as may be, and the name of each county in this state through or into which 
it is made or intended to be made, the amount of the capital stock of the com- 
pany, which shall not be less than five thousand dollars for every mile of road 
constructed or proposed to be constructed, and the number of shares of which the 
capital stock shall consist, and the names and places of residence of six directors 
of the company, at least one of whom shall be a citizen and resident of this 
state, upon whom legal process may be served, who shall manage its affairs for 
the first year, or until others are chosen in their places. Each subscriber to 
such articles of association shall subscribe thereto his name, place of residence, 
and the number of shares of stock he agrees to take in the company. On com- 
pliance with the provisions of the succeeding section, such articles of association 
may be filed in the office of the secretary of state, who shall indorse thereon the 
day they are filed, and record the same in a book to be provided by him for that 
purpose ; and thereupon the persons who have so subscribed such articles of 
association, and alii persons who shall become stockholders in such company, shall 
be a corporation by the name specified in such articles of association, and shall 
possess the powers and privileges granted to railroad corporations by this 
chapter. The articles of association of any company formed under the provisions 
of this chapter, or the charter of any railroad company formed under a special act, 
may be amended as provided in sections eleven hundred and thirty and eleven hun- 
dred and thirty-one, and said sections eleven hundred and thirty and eleven hun- 
dred and thirty-one are hereby made to apply to railroad companies : Provided, 
no amendment may be made changing the nature of the company's business ex- 
tending its corporate existence or authorizing any powers other than those au- 
thorized by this chapter. 

Rev., s. 2548; Code, s. 1932; 1871-2, c. 13S; 1905, c. 187; 1907, c. 472, ss. 1, 2; 1921, c. 117. 

Art. 5. Power's and Liabilities 

3457. Secretary of state may extend time to begin railroad in certain cases. 

In all cases where railroad companies have been chartered by the act of the 
general assembly or the charter of any railroad company has been amended by act 

222 



3489 RAILROADS AND OTHER CARRIERS— Arts. 9, 10 Ch. 67 

of the general assembly, during or subsequent to the session of one thousand nine 
hundred and eleven, but where construction work has not begun in accordance with 
the provisions of preceding section, or having been begun such construction work 
has not been completed, the secretary of state may in the exercise of his sound dis- 
cretion, upon application of any such railroad company and the payment to the 
state of the same fees as provided in section 1218 of the Consolidated Statutes, ex- 
tend from time to time for periods of two years the time within which to begin or 
renew construction work as required by the preceding section ; and the fact of 
extending the time by the secretary of state, as herein provided, shall, for the period 
of such extension, fully and to all intents and purposes, renew corporate existence 
and corporate powers as fully as the same are conferred in the original charter. 
1919, c. 19; 1921, c. 184; 1923, c. 245. 

Art. 9. Railroad Police 

3484. Governor may appoint and commission railroad police. Any corporation 
operating a railroad on which steam or electricity is used as the motive power 
or any electric or waterpower company or construction company or manufacturing 
company may apply to the governor to commission such persons as the corpora- 
tion or company may designate to act as policemen for it. The governor upon such 
application may appoint such persons or so many of them as he may deem proper 
to be such policemen, and shall issue to the persons so appointed a commission 
to act as such policemen. 

Rev., ss. 2605, 2600; Code, ss. 1988, 1989; 1871-2, c. 138, ss. 51, 52; 1907, c. 128, s. 1; 
1923, c. 23. 

Art. 10. Carriage of Passengers 

3489. Railroad passenger rates established. No railroad company doing busi- 
ness as a common carrier of passengers in the state of North Carolina shall, except 
as herein provided, charge, demand or receive for transporting any passenger and 
his or her baggage, not exceeding in weight two hundred pounds, from any station 
on its railroad in North Carolina to any other station on its road in North Caro- 
lina, a rate in excess of three cents per mile : Provided, however, that independ- 
ently owned and operated railroad companies in North Carolina whose mileage 
of road in said state is one hundred miles or less may charge a rate twenty per 
cent higher than the rate above specified ; but this proviso shall not extend to 
branch lines of railroad companies controlling over one hundred miles of road, 
whether chartered in or out of the state : Provided further, this section shall not 
apply to railroads hereafter built less than fifty miles in length. For transporting 
children under twelve years and over five years old, one-half of the rate above pre- 
scribed. For transporting children under five years old, accompanied by any 
person paying fare, no charge whatever shall be made. Where the amount of the 
ticket at the prescribed rate would amount to any figure between two multiples 
of five, the price of the ticket shall be the multiple of five which is nearest the 
price of the ticket at the rate above mentioned ; or, in the event that the amount 
is equidistant between the multiples of five, the price charged for the ticket shall 
be on the basis of the higher of those two multiples of five. No charge less than 
ten cents shall be required. Independently owned and operated railroad compa- 

223 



3512(a) EAILEOADS AND OTHEE CAEEIEES— Art. 11 Ch. 67 

nies in North Carolina, whose mileage of road in the state is one hundred miles 
or less, may charge a rate not exceeding three cents per mile; and independently 
owned and operated railroad companies in North Carolina, whose mileage of road 
in the state is ten miles or less, may charge the same rate which is now in ex- 
istence on such roads. This provision shall not extend to branch lines of railroad 
companies controlling over one hundred miles of road, whether chartered in or out 
of the state. • Newly constructed railroads, or the portion of railroad which may 
be newly constructed, shall be exempt from the operation of this section for two 
years after completion, to the extent that they may charge a rate in no case to 
exceed three cents per mile. A charge of fifteen cents may be added to the fare 
of any passenger when the same is paid on the train, if the ticket might have been 
procured within a reasonable time before the departure of the train. 
Ex. Sess. 1908, c. 144, s. 1; Ex. Sess. 1920, c. 51, s. 1. But see 257 U. S. 563. 

3512(a). Surcharge on Pullman car transportation. It shall be unlawful 
for any railroad or Pullman car company doing business in North Carolina to 
collect from any person within the boundaries of North Carolina any surtax or 
surcharge for Pullman car transportation from one point to any other point within 
the bounds of the state of North Carolina ; but nothing in this section shall be 
construed to affect in any way the charge which any railroad or Pullman cap 
company may require for transportation on interstate travel. 

1923, c. 147. 

Art. 11. Carriage of Freight 

3534(a). Sale of unclaimed baggage or freight; notice. Sale of neglected 
property. Any common carrier which has had in its possession on hand at any 
destination in this state any article whether baggage or freight, for a period of 
sixty days from its arrival at destination, which said carrier cannot deliver because 
unclaimed, may at the expiration of said sixty days sell the same at public auction 
at any point where in the opinion of the carrier the best price can be obtained : 
Provided, however, that notice of such sale shall be mailed to the consignor and 
consignee, by registered mail, if known to such carrier, not less than fifteen days 
before such sale shall be made ; or notice of the sale shall be published once a week 
for two consecutive weeks in some newspaper of general circulation published at 
the point of sale : Provided, that if there is no such paper published at such point, 
the publication may be made in any paper having a general circulation in the 
state: Provided further, however, that if the nondelivery of said article is due 
to the consignee's and consignor's rejection of it, then such article may be sold 
by the carrier at public or private sale, and at such time and place as will in the 
carrier's judgment net the best price, and this without further notice to either con- 
sigiiee or consignor, and without the necessity of publication. 

1921, c. 124, s. 1. 

3534(b). Sale of live or perishable or cheap freight. Where the article re- 
ferred to in the preceding section is live freight, ( or perishable freight, or freight 
of such low value as would not bring the accrued transportation and other charges 
if held for sixty days as provided in the preceding section, the common carrier 
may, with or without advertisement, sell the same in such manner and at such 

224 



3534(c) EAILEOADS AND OTHER CARRIERS— Art. 11 Oh. 07 

time and in such place as will best in its judgment protect the interests of the 
carrier the consignor and consignee, and whenever practicable the consignor 
and consignee shall be notified of the proposed sale of such live or perishable 
freight, or freight of such low value. 
1921, c. 124, s. 2. 

3534(c). Record of articles and prices. Deduction of expenses. Payment 
of balance. The carrier shall keep a record of the articles sold, and of the 
prices obtained therefor, and shall, after deducting all charges and expenses of 
the sale, including advertisement, if advertised, pay the balance to the owner of 
such articles on demand therefor made at any time within two years from the 
date of the sale. 

1921, c. 124, s. 3. 



225 



CHAPTER 68 
REGISTER OF DEEDS 

Art. 2. The Duties 

3553. Registration of instruments. The register of deeds shall register all 
instruments in writing delivered to him for registration forthwith. He shall in- 
dorse on each instrument in writing the day and hour on which it is presented to 
him for registration, and such indorsement shall be entered on his books and form 
a part of the registration, and he shall, immediately upon making the indorsement 
herein required upon each instrument in writing, index and cross-index the same 
in the order of time in which such instruments are presented to him : Provided, 
that the register of deeds may, if in his opinion it is proper to do so, prepare and 
use in lieu of his permanent,, index a temporary index until the instrument is ac- 
tually recorded, upon which all instruments shall be indexed immediately upon 
receipt of same into his office, and until said instruments shall have been recorded 
the temporary index shall operate in all respects as the permanent index. In the 
event the register of deeds shall use a temporary index, however, all instruments 
shall be recorded and cross-indexed on the permanent index within thirty (30) 
days from date of receipt of same. 
Rev. s. 2658; Code, s. 3654; R. C, c. 37, s. 23; 186S, c. 35, s. 9; 1921, c. 114. 



226 



CHAPTER 70 
ROADS AND HIGHWAYS 

Aet. 1. State Highway Commission and State Highway Fund 

Part 1. State Highway Commission 

■ 3574. How commission constituted. (Superseded by Chapter 2, Public Laws 
1921, which is incorporated in this Chapter as Article 15.) 

3576. Bond. (Superseded by Chapter 2, Public Laws 1921, which is incor- 
porated in this Chapter as Article 15.) 

3577. Offices and supplies. (Superseded by Chapter 2, Public Laws 1921, 
which is incorporated in this Chapter as Article 15.) 

3586. Powers of commission to meet requirements of Federal Aid Road Act. 

(Superseded by Chapter 2, Public Laws 1921, which is incorporated in this 
Chapter as Article 15.) 

3588. Accounts and records to be kept. (Superseded by Chapter 2, Public 
Laws 1921, which is incorporated in this Chapter as Article 15.) 

3589. Reports to general assembly. (Superseded by Chapter 2, Public Laws 
1921, which is incorporated in this Chapter as Article 15.) 

Part 2. State Highway System and Fund from Motor Taxes 

(Sections 3590-3599 are superseded by Chapter 2, Public Laws 1921, which is 
incorporated in this Chapter as Article 15.) 

Aet. 3. Road Improvement With Fedeeal Coopeeation 

3633. In certain counties article applicable only if adopted at special election. 

In the counties of iilexander, Anson, Ashe, Bladen, Catawba, Cherokee, Cum- 
berland, Franklin, Gates, Graham, Halifax, Haywood, Hertford, Hyde, Jones, 
Macon, Mitchell, Orange, Pitt, Polk, Rowan, Rutherford, Stanly, Surry, Swain, 
Transylvania, Tyrrell, Warren, and Washington the provisions of this article, in so 
far as they authorize the issuance of county bonds or notes, or the levying of a 
special tax for paying county bonds or notes, or the levying of a special tax for 
maintaining roads, shall not be in force unless and until the question of adopting 
the provisions of this article shall be submitted to the qualified voters of the county 
at an election, and a majority of the qualified voters of the county voting on said 
question shall vote in favor of adopting the provisions of this article. 

The board of county commissioners of any of said counties may cause a special 
election to be held for said purpose at such time as may be designated by said 
board. Said board shall cause a notice of said election to be posted at the court- 
house door of the county at least thirty days before the election, and to be pub- 

227 



3633 ROADS AND HIGHWAYS— Art. 7 Ch. 70 

lislied once in each of the four successive weeks immediately preceding the 
election. The board of county commissioners shall name the registrars and 
judges of election for the voting precincts of the county for said election, and 
shall cause to be printed a sufficient , number of ballots for use at the election. 
At said election the voters who are in favor of the adoption of the provisions of 
this act shall vote a ballot on which shall be written or printed, "For the adop- 
tion of the Federal Aid Act" ; and the voters who are opposed to the adoption 
of the provisions of this act shall vote a ballot on which shall be written or 
printed the words, "Against the adoption of the Federal Aid Act." At the 
close of the election the votes shall be counted and returns thereof made to the 
board of county commissioners, for which purpose said board shall cause blank 
abstracts to be printed and furnished to the registrars and judges of election. 

On the first Thursday following the election said board of county commissioners 
shall meet as a canvassing board, shall receive the returns of said election, shall 
judicially pass upon the returns, and shall judicially determine and declare the 
result of said election, all of which shall be recorded, in the records of said board. 
The returns shall be executed in duplicate, and one copy shall be delivered to the 
board of county commissioners as aforesaid, and the other filed with the clerk 
of the superior court of the county. In all respects other than those herein 
mentioned said special election shall be held and conducted and the , qualifications 
of voters at said election determined, as nearly as may be practicable, in accord- 
ance with the general law relating to the holding and conducting of elections 
for members of the general assembly and the determination of the qualifications 
of voters at such elections. The expense of holding said special election shall be 
paid out of the general funds of the county. 

The board of county commissioners shall cause a notice containing a brief 
statement of the result of said election as determined by the board to be published 
at least once in a newspaper published in the county. No right of action or 
defense founded upon any invalidity of said election shall be asserted, nor shall 
the validity of said election be open to question in any court upon any ground 
whatever, except in an action or proceeding commenced within thirty days after 
the first publication of said notice : Provided, however, that a copy of this 
sentence shall be incorporated in said notice. The board of county commissioners 
may, in its discretion, order a new registration for said special election, but such 
new registration shall not be necessary unless ordered by the board. Upon 
the determination, made as aforesaid, by the board of county commissioners, that 
a majority of the qualified voters voting upon said question voted in favor of 
adopting the provisions of this article, then all of the provisions of this article 
shall be in force in the county so adopting them. 

Sections 3C29, 3631, and 3632 of this article shall be operative in all counties 
of this state from and after the 11th day of March, 1919. 

1919, c. 312, s. 13a; Ex. Sess. 1920, cc. 7, 38. 

Ai:t. 7. County Road Law, Effective on Adoption by County 

Commissioners 

3737. Pay of electorate and road commission. The members of the road 
electorate of any county other than the members composing the road commission 

228 



3748(a) ROADS AND HIGHWAYS— A irr. 7 Ch. 70 

shall each receive three dollars per day for each day they may be engaged wholly 
and exclusively as a member of such electorate in the performance of the duties 
herein provided, including the attendance at the first meeting and all regular 
meetings. The members of the road commission shall receive for their se-rvices 
the same pay as provided for the county commissioners of such county for each 
day they may be engaged wholly and exclusively in the performance of their 
duties. But no member of the road electorate, unless he is also a member of the 
road commission, shall receive more than fifty dollars in one year as compensa- 
tion for his. services; and no member of the road commission shall receive in 
excess of two hundred dollars as compensation for his services. This limitation 
on compensation shall not apply to the chairman and secretary of the road com- 
mission. All compensation to any member of the road electorate or county road 
commission shall be passed on and allowed by board of county commissioners 
for such county. 

1919, c. 232, ss. 13, 17, 38, 39; Ex. Sess. 1920, c. 60, s. 1. 

3748(a). Presentation of claims; settlement or rejection; assessment of dam- 
age; appeal. Any person over whose lands or premises the road commission or 
other road authorities in any county has heretofore or shall hereafter open or 
construct a road, or any person from whose land such road authorities has here- 
tofore or shall hereafter take any earth, timber, or other material of any kind 
whatsoever, or shall cut any timber or in any way damage such land, that has not 
been adjusted, and such claimant desires compensation for the same, he shall pre- 
sent to the road commission or other road authorities, an itemized statement of 
his claim for damages within six months from the date of such use, and the said 
road commission shall have thirty days from said presentation to settle the same, 
or to notify such claimant that the said board has rejected such claim, and if re- 
jected, the said road commission shall in such rejection state in writing the 
amount, if any, it agrees to pay, and if accepted by the claimant the same shall 
immediately become due and payable; if the said road commission does not 
notify claimant within thirty days from presentation of claim that the same has 
been rejected, in whole or in part, then such claim shall be conclusively presumed 
to be correct, and such claim as presented shall immediately become due and pay- 
able. If such claim or any part thereof is rejected by the road commission or 
road authorities within thirty days of the time presented, then either party, 
the road commission or road authorities or claimant, is authorized to make appli- 
cation in writing to the sheriff of such county setting forth the itemized claim, the 
facts respecting the filing of his claim with such road commission or road au- 
thorities, the action thereon, and it shall be the duty of such sheriff to summon a 
jury of three disinterested freeholders, who shall be voters and residents of the 
township in which the claimant resides, and it shall be the duty of said jury after 
being duly sworn, to impartially hear and determine such matter, enter upon the 
premises, inspect same, hear any evidence offered by either party and make a full 
written report by delivering to each party a copy of their findings and assessments. 
Either party shall have the right to appeal from the findings and report of such 
jury to the superior court next to be held ten days after the filing of such report, 
by giving written notice of such appeal to the opposing party within ten days 

229 



3748(b) EOADS AND HIGHWAYS— Art. 7 Ch. 70 

of notice of such filing : Provided, that no claim shall be presented after the ex- 
piration of six months from time such damages are sustained, nor shall any claim 
be paid if not presented within six months from the date of such damage. 
Ex. Sess. 1920, c. 60, s. 1. 

3748(b). Itemized account of road funds; publication of statements. It shall 
be the duty of the road commission or other road authorities to keep, or cause to 
be kept, an accurate, itemized account of all road funds received from any source 
and how the same is expended by townships, and it shall be the duty. of said road 
commission or other road authorities within thirty days from August 25, 1920, to 
make or cause to be made an itemized statement of all funds heretofore received from 
any source for road purposes, and an itemized statement of disbursements of same 
by townships, and the said road commission authorities shall cause the same to be 
published in one issue of at least one weekly newspaper published in such county, 
and it shall be the duty of said road commission or road authorities in such county 
to publish in the first week of October, one thousand nine hundred and twenty, a 
complete, correct and detailed, itemized statement of all road funds received and 
disbursed by townships in said county since the last published statement, and such 
statement shall be published in at least one newspaper as directed, and every month 
thereafter a similar statement shall be made and published as provided ; if said 
road commission or other road authorities shall fail or refuse to keep such account, 
or to make or cause to be made and published the statements herein provided, each 
member thereof shall be guilty of a misdemeanor and punished at the discretion of 
the court. 

Ex. Sess. 1920, c. 60, s. 1. 

3748(c). Duties delegated to township members; powers of delegates. It 
shall be the duty of the road commission or road authorities of any county to dele- 
gate to each member of the road electorate from any township of such county 
the duty of supervising the construction and repairing of small bridges, installing 
cement, clay or other permanent piping, and the maintenance of the public roads 
in his township respectively, subject to the general supervision of the said road 
commission or other road authorities. Such member in his township shall have 
the right, subject to the supervision and control of the road commission, to make 
contracts for the purpose of maintaining and keeping in good condition the roads 
in his township, and shall supervise the same to the best interest of tbe township 
and county. For such services for the time that he is engaged wholly and ex- 
clusively in such work he shall receive not less than three dollars nor more than 
five dollars per day, including his own conveyance, to be fixed by road commission : 
Provided, such member for any cause cannot serve in this capacity the road com- 
mission shall name another in his stead; and, provided further, that this section 
shall not apply to any roads which shall be constructed in whole or in part by 
federal funds, unless it is agreeable to state and federal authorities. 

Ex. Sess. 1920, c. 60, s. 1. 

3748(d). Temporary closing of roads; obstructions or barriers. The road 
commission or other road authorities having charge of the public roads in such 
county, shall have authority to order any public road, or any part of any road 

230 



3751 ROADS AND HIGHWAYS— Art. 8 ( !h. 70 

in such county temporarily closed or discontinued and prohibit traveling thereon 
during the time of the construction, repairing, maintaining, or in any other manner 
whatsoever improving any such road in such county, and such authorities shall fur- 
ther have the right and authority to place an obstruction or barrier of any kind 
across such road, in order to give notice to any one traveling or 'being on same 
while temporarily closed, and any person who shall cut, injure, remove, or in any 
manner interfere with such obstruction or barrier, or any person who shall willfully 
travel on such part of any road while temporarily closed or discontinued with any 
animal, car, automobile, buggy, wagon, or other vehicle, shall be guilty of a mis- 
demeanor and shall be fined or imprisoned at the discretion of the court : Pro- 
vided, any person residing on or near any closed or discontinued part of any road 
and shall have no other way to travel to or from his house, shall have the right to 
travel such closed or discontinued road to the extent only as may be necessary 
to or from the nearest road leading therefrom. 
Ex. Sess. 1920, c. 60, s. 1. 

3748(e). Limitation on right of taking material from land. It shall be un- 
lawful for any contractor or other person to take or remove from the cultivated 
lands of any other person in such county, any earth, timber or other material with- 
out the written permission of the chairman of the road commission. The road 
commission or other road authorities may cancel or change permission of such 
chairman. 

Ex. Sess. 1920, c. 60, s. 1. 

3748(f). Itemizing bills and claims. Records. All bills -or claims for labor 
or material shall be made in detailed, itemized form, and if for labor shall show 
the number of hours worked, the service and place performed, and same if allowed 
and paid shall be kept on file as permanent records in the office of said board and 
open to the inspection of any citizen of said county. The road commission or other 
road authorities shall approve no claim until the above provision is complied with. 

Ex. Sess. 1920, c. 60, s. 1. 

Art. 8. Road Officials 

3751. Local: County commissioners to regulate roads and bridges. The board 
of county commissioners shall have power, and it shall be their duty, to make 
rules and ordinances, not inconsistent with the acts of the general assembly, to 
regulate the use of the public roads, highways and bridges of their respective 
counties. They shall have power to make rules and ordinances to regulate the 
weight of loads permitted to be hauled on the public roads and highways, and 
as to the width of tires permitted to be used ; and may prohibit the carrying 
thereon of such loads and the use of such tires or vehicles as they may deem 
needlessly injurious or destructive to such roads or bridges. In making such 
ordinances, they may have regard to the conditions of the various roads or parts 
thereof, and the conditions of traffic thereon, and make different rules and 
ordinances applicable thereto. Any person who shall needlessly violate an ordi- 
nance made in pursuance of the authority herein given, or who shall aid, abet or 

231 



3768 EOADS AND HIGHWAYS— Art. 9 Oh. 70 

assist in such violation, shall be guilty of a misdemeanor, and shall be fined not 
exceeding fifty dollars, or imprisoned not exceeding thirty days. 

This section shall apply only to the counties of Alamance, Anson, Beaufort, 
Bertie, Brunswick, Camden, Cabarrus, Cherokee, Columbus, Cumberland, David- 
son, Duplin, Durham, Franklin, Gaston, Granville, Guilford, Hertford, Hoke, 
Iredell, Johnston, Lee, Madison, McDowell, Macon, Montgomery, Nash, New 
Hanover, Northampton, Onslow, Pitt, Pasquotank, Kandolph, Richmond, Sampson, 
Tyrrell, Union, Warren, Washington, Yancey. 

1915, c. 284, ss. 1, 2, 3; 1919, cc. 154, 209; Ex. Sess. 1920, c. 50. 

Akt. 9. Construction and Maintenance of Roads and Bridges 

Part 2. Bonds and Taxes for Roads and Bridges in the State 

3768. Bonds for bridges; terms and denomination; no sale below par. For 

the purpose of raising funds with which to defray the cost of building or rebuild- 
ing any roads or bridges or either or both of said purposes as provided in the last 
section the boards of commissioners of the respective counties shall each have full 
power and authority, subject to the foregoing limitations, to issue bonds of said 
respective counties or borrow money and issue notes therefor to an amount not 
to exceed the actual cost of such roads or bridges or either or both of said pur- 
poses. Such bonds shall be in denominations of one thousand dollars, or less, 
with interest coupons attached, payable semiannually, at such time and place as 
may be directed by such boards, and to be in such form and tenor, and transferable 
in such way, and the principal thereof payable at such time or times, not exceed- 
ing forty years from the date thereof, and at such place or places as such board 
may determine : Provided, that none of such bonds shall be disposed of either 
by sale, exchange, hypothecation, or otherwise, for a less price than fair face value ; 
and the same may be disposed of at public or private sale, as the board of com- 
missioners may determine. 

1917, c. 103, s. 1 (C); 1919, c 185, s. 3; Ex. Sess. 1920, c. 89. 

Part 3. Bonds and Taxes for State-line Bridges 

3773. Construction and maintenance of interstate bridges. The board of com- 
missioners of any county in the state of North Carolina bordering on any county 
in the state of South Carolina, Virginia, or Tennessee, is hereby authorized and 
empowered to cooperate with the authorities of any adjoining county in either 
of the above mentioned states in the construction and maintenance of any public 
road- or highway-bridge including approaches over any stream which divides any 
county in North Carolina from any other county in any of the above mentioned 
states, the cost of the construction and maintenance of which public road- or 
highway-bridge shall be defrayed and borne by the two adjoining counties in pro- 
portion to the number of inhabitants of each according to the last federal census, 
unless otherwise agreed upon between the board of commissioners or other proper 
authorities of the respective counties which such bridge shall connect. 

1919, c. 103, s. 1; Ex. Sess. 1920, c. 11. 

232 



3794(a) ROADS AX I) HIGHWAYS— Akt. 10 Ch. 70 

3774. When interstate bridge deemed necessary. The construction and main- 
tenance of any bridge authorized by the preceding section shall be deemed necessary 
in all cases where public roads or highways shall have been regularly laid off, 
according to law, in each of said counties to be so connected by such bridge to the 
banks including approaches of any stream dividing one county from another, if 
there is no passable ford across said stream at said point. The total cost of any 
bridge constructed pursuant to the provisions of this part of this article shall not 
exceed one-fourth of one per cent of the total assessed value of all taxable real and 
personal property in the two counties engaged in the construction of such bridge. 

1919, c. 103, s. 2; Ex. Sess. 1920, c. 11. 

3775. Bonds for statedine bridges. For the purpose of raising the funds with 
which to defray its share of the cost of building or rebuilding any bridge author- 
ized by this part of this article, the board of commissioners of any county in 
this state in which such bridge is to be built shall have full power and authority, 
subject to the foregoing limitations, to issue bonds of said county to an amount 
not to exceed said county's share of the actual cost of said bridge. Said bonds 
to be in denominations of one thousand dollars, or less, with interest coupons 
attached, payable semiannually at such time or times and place as may be directed 
by said board, and to be in such form and tenor and transferable in such way, 
and the principal thereof payable at such time or times, not exceeding twenty 
years from the date thereof, and at such place or places as such board may de- 
termine : Provided, that none of such bonds shall be disposed of either by sale, 
exchange, hypothecation, or otherwise, for a less price than their face value : and, 
provided further, that none of said bonds shall be disposed of until after the ex- 
piration of a period for the receipt of bids therefor and advertisement naming 
said date and reasonably describing said bonds, which advertisement shall be 
deemed sufficiently promulgated if published once at least ten clays before said 
date in a newspaper published in the county, and a newspaper published in the 
state and in general circulation throughout the state. 

1919, c. 103, s. 3; Ex. Sess. 1921, c. 48. 

Art. 10. Regulations foe Roads and Bridges 

Part 1. Roads 

3792. Use of roads by certain vehicles. It shall be lawful for any person to 
run and use traction engines and road steamers upon the public roads. 

Rev., s. 2727; Code, s. 2061; 1870-1, c. 162. 

The use of narrow-tired vehicles made unlawful on public roads of Camden, Chowan, 
Currituck, and Perquimans. 1919, c. 272; Ex. Sess. 1920, cc. 17, 31. 

3794(a). Maximum weight of vehicles or trailers. No vehicle or trailei 
which has a greater rated weight of both vehicle and load exceeding seven and 
one-half (7%) tons shall go over or be operated upon any state highway. Any 
person, firm, or corporation violating the provisions of this section shall be 
guilty of a misdemeanor. 

1921, c. 2, s. 30. 

233 



3808 ROADS AND HIGHWAYS— Arts. 11, 12 Ch. 70 

Art. 11. Road Labor axd Material 

Part 1. In General 

3808. Overseers summon to work; notice; amount and conduct of work; sub- 
stitutions allowed. The overseer of the road shall, as often as the road shall 
require, not more than six days in any one year, summon the hands of his section 
to work on the road, but the said hands shall not be required to work continu- 
ously for a longer time at any one time than two days, and at least fifteen days 
shall intervene between workings, except in case of special damage to the road, 
resulting from a storm. The notice shall be at least three days before the day 
named for the work, and shall state the hour and the place for the meeting of 
the hands, and what implement the hand shall bring with him. Every person 
liable to work on the road who has been so summoned shall appear at the time 
and place named, and with the implement directed, and shall work on the road 
under the direction of the overseer until discharged by him : Provided, that no 
hand shall be required to work for a less time than seven hours nor a longer time 
than ten hours in any one day. 

Any person summoned as aforesaid who shall, by twelve o'clock of the day 
preceding the one appointed for work on the road, pay to the overseer the sum 
of two dollars shall be relieved from working on the road for one day. The 
money thus collected by the overseer shall be by him applied on the working and 
repairing of the road : Provided, that the amendment hereto fixing the amount 
to be paid the overseer at two dollars shall not have the effect of repealing any 
special act applying to any county in the state. 

Any person who shall furnish one able-bodied hand as a substitute, with the 
implement directed, shall be held to have complied with this chapter. 

Rev., s. 2721; Code, s. 2019; 1879, c. 82, s. 5; 1880, c. 30, s. 3; 1921, c. 51. 

Art. 12. Ferries and Toll-Bridges 

Part 1. General Provisions 

3821(a). State highway commission to fix charges. The state highway com- 
mission is directed, authorized, and empowered to fix and determine the charges to 
be made by all ferries and toll bridges connecting any state highway within the 
state of North Carolina, which said charges shall be uniform for the same service 
rendered. 

Ex. Sess. 1921, c. 86, s. 1. 

3821(b). Powers granted state highway commission. The state highway 
commission is vested with all the rights, powers and authorities granted the corpo- 
ration commission in the hearing and fixing of rates for any purposes now vested 
in it by law. 

Ex. Sess. 1921, c. 86, s. 2. 

3821(c). Existing rights of appeal conferred. All rights given any firm, 
person or corporation in any hearing before the corporation commission in the 

234 



3826 ROADS AND HIGHWAYS— Akt. 12 Oh. 70 

fixing of rates by way of appeal shall exist in all cases of charges fixed by the 
state highway commission under and by virtue of this law. 
Ex. Sess. 1921, c. 86, s. 3. 

3821(d). Making of excessive charges a misdemeanor; punishment. Any 

person, firm or corporation who shall charge any sum greater than the amount 
fixed by the state highway commission for crossing any ferry or toll bridge con- 
necting any state highway within the state of North Carolina, shall be guilty 
of a misdemeanor and upon conviction shall be fined not exceeding the sum of one 
hundred dollars or imprisoned not exceeding six months, or both in the discretion 
of the court. 

Ex. Sess. 1921, c. 86, s. 4. 

3825(a). Safeguarding transportation of life; guard chains or gates. Each 
and every person, firm or corporation, owning or operating a public ferry upon 
any sound, bay, river, creek or other stream shall have securely affixed and attached 
thereto, at each end of the same, a detachable steel or iron chain, or in lieu 
thereof a steel or iron gate, and so affixed and arranged that the same shall be closed 
or fastened across the opposite end from the approach, whenever any motor 
vehicle, buggy, cart, wagon, or other conveyance shall be driven upon or shall 
enter upon the same; and shall be securely fastened or closed at each end of the 
ferry after such motor vehicle, buggy, cart, wagon, or other conveyance shall have 
been driven or shall have entered upon the same. And the said gates or chains 
shall remain closed or fastened, at each end, until the voyage across the stream 
upon which said ferry is operated shall have been completed. 

1923, c. 133, s. 1. 

3825(b). Weight and type of chain or gate. The board of county commis- 
sioners of every county in which any ferry is operated shall fix and determine a 
standard weight or size of chain, and a standard size, type, or character of gate, 
for use by said ferry, leaving it optional with the said owner or operator the use 
of chains or gates. 

1923, c. 133, s. 2. 

3825(c). Violation of two preceding sections a misdemeanor. Any person, 
firm or corporation violating any of the provisions of this law shall be guilty of a 
misdemeanor. 

1923, c. 133, s. 3. 

Part 2. County-line Toll-bridges and Ferries 

3826. Counties may purchase ferries or toll-bridges on county-line streams; 
division of cost. Wherever in this state there are now operated toll-bridges or 
ferries with causeways, roads, and bridges leading to the same, which lie partly 
within one county and partly within another county, the boards of commissioners 
of the respective counties are authorized to purchase all real and personal property, 
rights and franchises incident and necessary to the said toll-bridges or ferries, 
including any causeways, roads, and bridges leading thereto. The proportion of 

235 



3827 ROADS AX I) HIGHWAYS— Art. 12 Ch. 70 

the purchase -price to be paid by the said counties shall be determined and agreed 
upon at a joint meeting of the board of commissioners of said counties, and the 
amount of said purchase price so agreed upon and determined shall be paid by 
the respective counties to the owners of the same by proper warrant of the respect- 
ive counties. 

1919, c. 138, s. 1; Ex. Sess. 1920, c. 15. 

3827. Right of eminent domain conferred. If the said counties and the owners 
of the property the purchase of which is authorized in the preceding section 
cannot agree upon the purchase price, then the boards of commissioners of said 
counties are authorized, should they deem it necessary and for the best interests 
of the counties, to condemn the same, and for that purpose they are empowered 
to institute condemnation proceedings in either county in which said property, 
toll-bridge, ferry, causeway, road, or bridges, or any part of the same, lie, and con- 
duct the same in accordance with the chapter entitled Eminent Domain in the 
Consolidated Statutes. 

1919, c. 138, s. 4; Ex. Sess. 1920, c. 15. 

3828. Joint operation and maintenance; joint committee. After the purchase 
or condemnation aforesaid, the said toll-bridge or ferry, with the causeways, roads, 
and bridges leading to the same, shall become a part of the public highway and 
roads of the said counties, and it shall be the duty of the said commissioners to 
operate and maintain the same jointly as a part of such public highways and 
roads, and the expense of maintenance, improvement, and operation of the said 
property jointly acquired shall be borne by the said counties upon such terms 
and in such proportions as shall be agreed upon by the board of commissioners 
of the same in joint meeting. The said boards of commissioners may vest the 
control and management of the said ferry and roads, causeways, and bridges, and 
equipment used in connection therewith, in a committee or committees from said 
boards, to be selected and determined by said boards in meeting assembled, and 
said commissioners are authorized to employ agents and servants, provide for 
the operation and to prescribe reasonable rules and regulations in reference to 
use and operation of said ferry, toll-bridge, roads, causeways, bridges, and the 
property and equipment used in connection therewith. 

1919, c. 138, s. 3; Ex. Sess. 1920, c. 15. 

3829. Expenses of equipment and maintenance; bond issue. The said boards 
of commissioners, after the purchase or condemnation of the toll-bridges, ferries 
and roads, causeways, and bridges as aforesaid, shall provide all necessary equip- 
ment for the toll-bridge or ferry and to improve and repair the causeways, roads, 
and bridges leading to the same, and thereafter shall keep the same in good con- 
dition to the end that the best possible service may be rendered to the public. In 
order to raise funds for the purchase or condemnation of said toll-bridges, ferries, 
roads, causeways, bridges, rights, and property, and for the improvement and 
repair of the causeways, roads, and bridges, and the purchase of the necessary 
equipment for said toll-bridge, ferry or ferries, the said boards of commissioners 
of the respective counties are hereby authorized and empowered to have prepared 

236 



3832 ROADS AND HIGHWAYS— Art. 12 Ch. 70 

and issued at such time or times and in such amounts as they deem best, bonds 
of their respective counties to an amount not exceeding the cost of the toll-bridges, 
ferries and other property so acquired, the repair and improvement of same, and 
the purchase of necessary equipment, said bonds to draw interest at such rate as 
may be determined by said respective counties, to be evidenced by coupons attached, 
payable semiannually, and to be in such form and tenor and transferable in such 
way, and the principal thereof payable at such time or times, not exceeding forty 
years from the date thereof, and at such places as such respective boards may 
determine : Provided, that none of such bonds shall be disposed of either by sale, 
exchange, hypothecation, or otherwise, for a less price than their face value. 
1919, c. 138, s. 4; Ex. Sess. 1920, c. 15. 

3830. Tax for interest and sinking fund. The commissioners of the respective 
counties, in order to provide for the payment of the bonds to be issued hereunder 
and interest thereon, shall • compute and levy each year at the time of levying 
other county taxes a sufficient tax upon all real and personal property in their 
respective counties to pay the interest on the said bonds, and shall also levy a 
sufficient tax to create a sinking fund to provide for the payment of said bonds at 
maturity. Such taxes shall be levied and collected annually and under the same 
laws and regulations as shall be in force for levying and collecting other county 
taxes. 

1919, c. 138, s. 5; Ex. Sess. 1920, c. 15. 

3831. Toll rates; basis of adjustment. In order to defray the expense of oper- 
ating, improving and maintaining said toll-bridge or bridges, ferry or ferries, cause- 
ways, roads, and bridges and all property used in connection therewith, the boards 
of commissioners of the said respective counties shall prescribe passage rates from 
time to time and authorize such tolls for the use of said toll-bridge or bridges, 
ferry or ferries, roads, causeways, and bridges, and other equipment used in con- 
nection therewith, in their discretion, as may be reasonable, just, and proper to 
provide the operating expenses and reasonable upkeep of the said property, but 
said boards shall not consider the cost of the same or the amount expended in the 
first instance in improving, repairing and purchasing the necessary equipment as 
aforesaid in fixing the amount of toll to be charged and paid by the public for the 
use thereof : Provided, such rates, charges, or tolls shall be uniform on all citizens 
alike. 

1919, c. 138, s. 6; Ex. Sess. 1920, c. 15. 

3832. Tax to supplement tolls. If the tolls collected under the last section 
shall not be sufficient to pay the expenses of operating, repairing, and maintain- 
ing such property, the said boards of commissioners of such respective counties 
are authorized to levy a tax upon the real and personal property of their re- 
spective counties sufficient to pay the proportionate loss occasioned by the opera- 
tion as aforesaid. Said tax shall be levied at the same time as other taxes are 
levied and shall be collected at the same time and in the same manner as other 
county taxes ; and if it shall become necessary to pay said loss for any one year 
or part thereof from the general fund of the counties, or in the event it becomes 

237 



3833 EOADS AND HIGHWAYS— Art. 13 Ch. 70 

necessary to borrow money to provide for said loss, the said boards of commis- 
sioners may, from taxes so collected in any succeeding year, reimburse the general 
fund of their counties to the extent of the amount so advanced or the amount 
so borrowed to provide for said deficit; and may provide a contingent fund to 
meet such event. 

1919, c. 138, s. 7; Ex. Sess. 1920, c. 15. 

3833. Compensation of committee for toll-bridge or ferry control. If the 

boards of commissioners should elect to place the control, operation, and manage- 
ment of said toll-bridges, ferries and property used in connection therewith, and 
the road, causeway, and bridges, in a committee or committees from the joint 
bodies, as is provided above, said committee or committees shall receive the same 
pay and mileage for holding meetings in connection with all necessary business of 
said operation and management as is allowed by law to. the members of the boards 
of commissioners of said respective counties for attending meetings of the board 
in said respective counties. 

1919, c. 138, s. 8; Ex. Sess. 1920, c. 15. 

3834. When counties may sell or lease ferries or toll-bridges. If the opera- 
tion and management of the toll-bridges, ferries and property provided for here- 
under, and the roads, causeways, and bridges connected therewith, as provided in 
this article, shall prove too costly to said counties or shall fail to give adequate 
and satisfactory service to the general public, or if the public interests would be 
better subserved by a sale, the boards of commissioners of the respective counties 
are authorized to sell said toll-bridges, ferries and property upon such terms as 
they see fit, or the said boards of commissioners may rent and lease the same to 
such person, firm, or corporation as they may see fit, and subject to such rules and 
regulations as they may prescribe : Provided, however, that in the event of a 
sale or lease as aforesaid, the purchase price or lease price, as the case may be, 
shall be divided between the respective counties in proportion to the price paid in 
the first instance by the respective counties for such toll-bridges, ferries and 
property. 

1919, c. 138, s. 9; Ex. Sess. 1920, c. 15. 

Art. 13. Cartways, Church Roads, and the Like 

3836. Cartways and tramways laid out; procedure; cartways to be open tot 
public; appeal. If any person be settled upon or cultivating any land, or shall 
own any standing timber, or be working any mines or minerals, or be conducting 
or operating any industrial or manufacturing establishment or plant, or taking 
action looking to the erection, equipment, and operation of any such establishment 
or plant, to which there is leading no public road, or which is not convenient to 
water affording necessary and proper means of ingress thereto and egress there- 
from, and it shall appear necessary, reasonable and just that such person shall 
have a private way to a public road or water-course or railroad over the lands of 
other persons, he may file his petition before the board of supervisors of the town- 
ship at a regular or special meeting praying for a cartway, tram or railway to be 

238 



3846(a) ROADS AND HIGHWAYS— Art. 15 Ch. 70 

kept open across such other persons' lands, leading to some public road, ferry, 
bridge, public landing or water-course or railroad ; and upon his making it appear 
to the board that the adverse party has had ten days notice of his intention, 
the board shall hear the allegations of the petitioner and the objections of the 
adverse party or parties, and if sufficient reason be shown, shall order the con- 
stable to summon a jury of five freeholders to view the premises and lay off a 
cartway, tram or railway, not less than fourteen feet wide, and assess the dam- 
ages the owner of such land may sustain thereby; which, with the expense of 
making the way, shall be paid by the petitioner : Provided, that any cartway, 
tramway, or railway laid out pursuant to the provisions hereof may be extended 
over and across any canal or other artificial stream of water, and nonnavigable 
natural stream of water, when necessary or proper to do so in order to secure an 
outlet to a public road or water-course or railroad as hereinbefore provided. The 
cartways established under this section shall be kept open for the free passage of 
all persons on foot or horseback, and all carts and wagons, and the petitioner and 
others who use said road may from time to time grade or repair said road as 
they may desire without doing any injury to the adjoining lands. If the notice 
aforesaid shall not have been given, the board shall cause such petition to be 
filed with their chairman until their next meeting, when they shall proceed to 
hear and determine the same, and the petitioner or the adverse party may appeal 
from the order of the supervisors to the board of commissioners of the county, 
and from the order of the board of commissioners to the superior court at term, 
when the issues of fact shall be tried by a jury, and from the judgment of the 
superior court to the supreme court, as in other cases of appeal. Provided, that 
in any township where the public roads system does not provide for a board of 
supervisors for said township, then the relief provided by this section may be had 
by petition from any citizen or citizens addressed to the county commissioners or 
that body which has jurisdiction over the construction, maintenance, and repair of 
the public roads of the country, and the procedure in such cases shall conform to the 
procedure outlined in this section : Provided, that wherever any private passage- 
way that has been in use has become practically impassable or unreasonably incon- 
venient a new or improved passage-way or cartway may be opened, within 
the discretion of the board in charge of the public roads, in the township in which 
said passage-way or cartway lies, in accordance with the purport and procedure of 
this section. 

Rev., s. 2686; Code, s. 2056; 1917, c. 282, s. 1; 1917, c. 187, s. 1; 1909, c. 364, s. 1; 1903, 
c. 102; 1S87, c. 46; R. C, c. 101, s. 37; 1798, c. 508, s. 1; 1822, c. 1139, s. 1; 1879, c. 258; 
1021, c. 135; E'x. Sess. 1921, c. 73. 

Art. 15. State Highway System (1921) 

Part 1. In General 

3846(a). General purpose of law; control, repair and maintenance of high- 
ways. The general purposes of this article are for the state to lay out, take 
over, establish and construct, and assume control of approximately 5,500 miles of 
hard-surfaced and other dependable highways running to all county-seats, and 

239 



3816(b) ROADS AND HIGHWAYS— Art. 15 Ch. 70 

to all principal towns, state parks, and principal state institutions, and 
linking up with state highways of adjoining states and with national highways into 
national forest reserves by the most practicable routes, with special view of develop- 
ment of agriculture, commercial and natural resources of the state, and for the 
further purpose of permitting tbe state to assume control of the state highways, 
repair, construct, and reconstruct and maintain said highways at the expense of 
the entire state, and to relieve the counties and cities and towns of the state of this 
burden. 

1921, c. 2, s. 2. 

3846(b). Establishment of system of state highways. Work leading to hard- 
surfaced construction. The purpose and intent of this article is to establish 
a system of state highways for the state, hard-surfacing said highways as rapidly 
as possible, and maintaining the entire system of said highways in the most 
approved manner as outlined in this article. Work on the various links in the 
state highway system shall be of such a character as will lead to ultimate hard- 
surfaced construction as rapidly as money, labor, and materials will permit, and 
to a state system of durable hard-surfaced, all-weather roads, 'connecting the 
various county-seats, principal towns, and cities. 

1921, c. 2, s. 3. 

3846(c). Maximum mileage. Routes and maps. Objections. Changes. Fifty- 
five hundred (5500) miles shall be the approximate maximum limit of mileage 
of the state highway system. The designation of all roads comprising the state 
highway system as proposed by the state highway commission shall be mapped, 
and there shall be publicly posted at the courthouse door in every county in the 
state a map of all the roads in such county in the state system, and the board of 
county commissioners or county road-governing body of each county, or street- 
governing body of each city or town in the state shall be notified of the routes 
that are to be selected and made a part of the state system of highways; and if 
no objection or protest is made by the board of county commissioners of the county, 
road-governing body of any county, or street-governing body of any city or town in 
the state within sixty days after the notification before mentioned, then and in 
that case the said roads or streets, to which no objections are made, shall be 
and constitute links or parts of the state highway system. If any objections are 
made by the board of county commissioners or county road-governing body of 
any county or street-governing body of the city or town, the whole matter shall 
be heard and determined by the state highway commission in session, under such 
rules and regulations as may be laid down by the state highway commission, 
notice of the time and place of hearing to be given by the state highway commission 
at the courthouse door in the county, and in some newspaper published in the 
county, at least ten days prior to the hearing, and the decision of the state high- 
way commission shall be final. A map showing the proposed roads to constitute 
the state highway system is hereto attached to this article and made a part hereof. 
The roads so shown can be changed, altered, added to or discontinued by the state 
highway commission : Provided, no roads shall be changed, altered or discontinued 
so as to disconnect county-seats, principal towns, state or national parks or forest 

240 



3846(f) EO ADS AND HIGHWAYS— Art. 15 Ch. 70 

reserves, principal state institutions, and highway systems of other states. The 
rights of way to all roads taken over under this article shall be not less than 
thirty (30) feet: Provided, that no toll road shall be taken over under this sec- 
tion unless by agreement or condemnation as herein provided. 
1921, c. 2, s. 7. 

3846(d). Publication of law. The state highway commission, as soon as prac- 
ticable after March 3, 1921, shall have carefully compiled the road laws of this 
state relating to the state highway system, and shall have published not exceeding 
10,000 copies of said compilation to be distributed by said commission, the cost 
thereof to be paid out of the state highway fund. 

1921, c. 2, s. 47. 

3846(e). Effect of partial invalidity of law. If any provision of this article 
shall be declared by the courts unconstitutional, such declaration shall not affect the 
the validity of any of the remaining provisions of this article. 

1921, c. 2, s. 51. 

Part 2. State Highway Commission 

3846(f). Establishment. Appointment, terms of office, etc., of commissioners. 
A state highway commission is hereby created, to consist of a chairman from the 
state at large, who shall be a practical business man, and who shall be known as 
the state highway commissioner; and nine (9) commissioners, one from each con- 
struction district as hereinafter designated, three of whom shall be of the minority 
political party, one for each of the three terms, all to be appointed by the governor, 
such appointments to be confirmed by the senate. The state highway commis- 
sioner of the existing highway commission and all other commissioners whose 
terms do not expire on April first, one thousand nine hundred and twenty-one, 
shall hold office during their present unexpired terms. At the expiration of the 
present term of the chairman, and any commissioner whose term has not expired, 
his successor shall be appointed by the governor for a period of six years, such 
appointment to be confirmed by the senate. Two of said commissioners shall be 
appointed for two years from April first, one thousand nine hundred and twenty- 
one; three of said commissioners shall be appointed for four years from April 
first, one thousand nine hundred and twenty-one ; three of said commissioners shall 
be appointed for six years each, such appointments to be confirmed by the senate : 
Provided, that any commissioner appointed or elected under this article may be 
removed by the governor for cause. In case of the death, resignation, or removal 
from his district of any commissioner during his term of office, his successor shall 
be appointed by the governor from the same construction district and from the 
same political party in which the vacancy occurs to fill out his unexpired term, 
such appointment to be confirmed by the next senate. At the expiration of the 
term of the chairman, and the various commissioners, their successors shall be ap- 
pointed by the governor for a term of six years each, such appointments to be con- 
firmed by the senate. The state highway commissioner shall devote his entire 
time and attention to the work of the commission and receive as compensation 

16 241 



3846(g) EO ADS AND HIGHWAYS— Art. 15 Ch. 70 

and salary therefor fifty-five hundred dollars ($5500) per annum, payable monthly, 
and his actual traveling expenses when engaged in the discharge of his duties. 
Said state highway commissioner shall be vested with all the authority of said 
commission when same is not in session. The members of the state highway com- 
mission, other than the chairman of the commission, shall each receive ten dollars 
($10) per day while engaged in the discharge of the duties of their office, and 
their actual traveling expenses. The headquarters and main office of the state 
highway commission shall be located at the state capital. The members of the 
said commission, at their first meeting, shall organize and adopt a common seal; 
they shall keep minutes of their meetings, which shall be open to public inspection ; 
they shall have the power to adopt and enforce rules and regulations for the 
government of their meetings and proceedings, and for the transaction of the 
business of the commission ; and shall have the power and authority to make all 
rules and regulations for carrying out the true intent and purposes of this article. 
They shall meet at the offices of the commission at such regular times, not less than 
quarterly, as they may by rule provide, and may hold special meetings at any time 
and place at the call of the chairman, or any five members. The first meeting of 
the commission shall be at the call of the governor as soon as practicable after \h.e 
ratification of this article. 
1921, c. 2, s. 4. 

3846(g). State highway engineer and other employees. The said commis- 
sion, at its first meeting or as soon thereafter as practicable, shall employ a state 
highway engineer, who shall be a competent civil engineer, qualified by technical 
training as well as practical construction experience in highway work. The engi- 
neer shall hold office during the pleasure of the commission, but not to exceed 
a period of four years without reappointment. He shall receive an annual salary 
to be fixed by the state highway commission, approved by the governor, payable 
in monthly installments, together with such actual and other necessary expenses 
as may be incurred in the official discharge of his duties. Said commission shall 
prescribe and fix the duties of the engineer, and shall provide the engineer 
with offices and sufficient equipment to discharge his duties as prescribed by the 
state highway commission and this article. The commission shall employ such 
other engineers, clerks, and assistants as may be needed, and at such salaries and 
for such terms as appear necessary, and prescribe and fix their duties. In the 
discretion of the commission, such offices may be established in the construction 
districts as may be necessary to carry out the provisions of this article. 
1921, c. 2, s. 5. 

3846(h). Oath and bonds of commissioners and engineers. The members of 
the state highway commission and state highway engineer shall each, before enter- 
ing upon the discharge of his duties, take an oath that he will faithfully and 
honestly execute the duties of the office during his continuance in office, and each 
give a bond, to be fixed and approved by the governor, conditioned upon the faith- 
ful discharge of the duties of his office and the full and proper accounting for all 
public funds and property coming into his possession or under his control. The 
premium on said bond or bonds shall be paid out of the state highway fund. 

1921, c. 2, s. 6. 

242 



3846 (j) KOADS AND HIGHWAYS— Art. 15 Oh. 70 

3846 (i). Assumption of control by commission. Within sixty days after 
March 3, 1921, the state highway commission shall commence to assume control of 
the various links of road constituting the state highway system, and shall complete 
the assumption jof control of all the roads which constitute the state highway 
system as rapidly as practicable. 

1921, c. 2, s. 8. 

3846 (j). Powers of commission. The said state highway commission shall be 
vested with the following powers : 

(a) The general supervision over all matters relating to the construction of the 
state highways, letting of contracts therefor, and the selection of materials to be 
used in the construction of state highways under the authority of this article. 

(&) To take over and assume exclusive control for the benefit of the state of any 
existing county or township roads, and to locate and acquire rights of way for 
any new roads that may be necesary for a state highway system, with full power 
to widen, relocate, change or alter the grade or location thereof : to change or 
relocate any existing roads that the state highway commission may now own or 
may acquire ; to acquire by gift, purchase, or otherwise, any road or highway, or 
tract of land or other property whatsoever that may be necessary for a state high- 
way system : Provided, that nothing in this article shall be construed to authorize 
or permit the highway commission to allow or pay anything to any county, town- 
ship, city or town, or to any board of commissioners or governing body thereof, 
for any existing road or part of any road heretofore constructed by any such county, 
township, city or town, unless contract has already been entered into with the state 
highway commission. 

(c) To provide for such road materials as may be necessary to carry on the work 
of the state highway commission, either by gift, purchase, or condemnation : Pro- 
vided, that when any person, firm or corporation owning a deposit of sand, gravel 
or other material, necessary for the construction of the system of state highways 
provided herein, upon first entering into a contract to furnish the state highway 
commission any of such material, at a price to be fixed by said highway commis- 
sion, the state highway commission shall have the right to condemn the necessary 
right of way under the provisions of chapter thirty-three, Consolidated Statutes, 
to connect said deposit with any part of the system of state highways or public 
carrier. 

(d) To enforce by mandamus or other proper legal remedies all legal rights 
or causes of action of the state highway commission with other public bodies, 
corporations, or persons. 

(e) To make rules, regulations and ordinances for the use of, and the police 
traffic on, the state highways, and to prevent their abuso by individuals, corpo- 
rations and public corporations, by trucks, tractors, trailers or other heavy or 
destructive vehicles or machinery, or by any other means whatsoever, and to pro- 
vide ample means for the enforcement of same; and the violation of any of the 
rules, regulations or ordinances so prescribed by the state highway commission 
shall constitute a misdemeanor: Provided, no rules, regulations or ordinances 
shall be made that will conflict with any statute now in force or any ordinance of 
incorporated cities or towns. 

243 



3846 (j) EO ADS AND HIGHWAYS— Art. 15 Ok 70 

(/) To establish a traffic census to secure information about the relative use, 
cost, value, importance, and necessity of roads forming a part of the state high- 
way system, which information shall be a part of the public records of the state, 
and upon which information the state highway commission shall, after due delib- 
eration and in accordance, with these established facts, proceed to order the con- 
struction of the particular highway or highways. 

(<7) To assume full and exclusive responsibility for the maintenance of all roads 
other than streets in towns and cities, forming a part of the state highway system 
from date of acquiring said roads: Provided, the commission may enter into 
contracts with counties as to the maintenance of highways which shall form a 
part of the state highway system. The state highway commission shall have 
authority to maintain all streets constructed by the state highway commission in 
towns of less than three thousand population by the last census, and such other 
streets as may be constructed in towns and cities at the expense of the state high- 
way commission, whenever in the opinion of the state highway commission it is 
necessary and proper so to do. 

(h) To give suitable names to state highways and change the names of any high- 
ways that shall become a part of the state system of highways. 

(i) To cooperate with municipal or county authorities, civic bodies and in- 
dividuals in the proper selection, planting and protection of roadside trees, shrubs 
and vines for the beautification and protection of said highways. 

(j) To make proper and reasonable rules, regulations and ordinances for the 
placing or erection of telephone, telegraph or other poles, sign-boards, fences, gas, 
water, sewerage, oil, or other pipe lines, and other similar obstructions that may, 
in the opinion of the said highway commission, contribute to the hazard upon 
any of the said highways or in anywise interfere with the same, and to make 
reasonable rules and regulations for the proper control thereof. And whenever 
the order of the said highway commission shall require the removal of, or changes in, 
the location of telephone, telegraph, or other poles, sign-boards, fences, gas, water, 
sewerage, oil, or other pipe lines, or other similar obstructions, the owners thereof 
shall at their own expense move or change the same to conform to the order of 
the said highway commission. Any violation of such rules and regulations or non- 
compliance with such orders shall constitute a misdemeanor. 

(k) To regulate, abandon and close to use, grade crossings on any road designated 
as part of the state highway system, and whenever a public highway has been desig- 
nated as part of the state highway system and the state highway commission, in 
order to avoid a grade crossing or crossings with a railroad or railroads, con- 
tinues or constructs the said road on one side of the railroad or railroads, the 
commission shall have power to abandon and close to use such grade crossings; 
and whenever an underpass or overhead bridge is substituted for a grade crossing, 
the commission shall have power to close to use and abandon such grade crossing 
and any other crossings adjacent thereto. 

(I) The said state highway commission shall have such powers as are necessary 
to comply fully with the provisions of the present or future federal aid acts. The 
said commission is hereby authorized to enter into all contracts and agreements 
with the United States government relating to the survey, construction, improve- 
ment and maintenance of roads under the provisions of the present or future con- 

244 



3846 (n) BOADS AND HIGHWAYS— Art. 15 Ch. 70 

gressional enactments, to submit such scheme or program of construction or im- 
provement and maintenance as may be required by the secretary of agriculture or 
otherwise provided by federal acts, and to do all other things necessary to carry 
out fully the cooperation contemplated and provided for by present or future acts 
of congress, for the construction or improvement and maintenance of rural post 
roads. The good faith and credit of the state are further hereby pledged to make 
available funds necessary to meet the requirements of the acts of congress, present 
or future, appropriating money to construct and improve rural post roads and ap- 
portioned to this state during each of the years for which federal funds are now or 
may hereafter be apportioned by the said act or acts, to maintain the roads con- 
structed or improved with the aid of funds so appropriated and to make adequate 
provisions for carrying out such construction and maintenance. The good faith 
and credit of the state are further pledged to maintain such roads now built with 
federal aid and hereafter to be built and to make adequate provisions for carrying 
out such maintenance. 

1921, c. 2, s. 10; 1923, c. 160, s. 1; 1923, c. 247. 

3846 (k). Employment of counsel. The state highway commission may in its 
discretion employ any attorney or attorneys to advise them for the purpose of 
condemning land acquired by this article, making any contracts, and do other legal 
work that the commission may believe necessary for carrying out this article, and 
compensation for all such services shall be paid out of the state highway fund. 

1921, c. 2, s. 21. 

3846(1). Reports to general assembly. The highway commission shall, on or 
before the tenth day of the convening of each regular session of the general assem- 
bly of North Carolina, make full printed, detailed report to the general assembly, 
showing the construction and maintenance work and the cost of the same, receipts 
of license fees, and disbursements of the commission, and such other data as may 
be of interest in connection with the work of the highway commission. A full 
account of each road project shall be kept by and under the direction of the high- 
way commission or its representatives, to ascertain at any time the expenditures 
and the liabilities against all projects; also records of contracts and force account 
work. The account records, together with all supporting documents, shall be 
open at all times to the inspection of the governor or road authorities of any 
county, or their authorized representatives, and copies thereof shall be furnished 
such officials upon request. 

1921, c. 2, s. 23. 

3846 (m). Annual audits. Report of audit to general assembly. The books 
and accounts of the highway commission shall be audited at least once a year by 
a certified public accountant to be designated by the auditor of the state, and 
report of certified accountant shall be made a part of the accompanying report 
of the state highway commission to the general assembly as herein provided. 

1921, c. 2, s. 24. 

3846 (n). Contracts heretofore made. All contracts or agreements heretofore 
made or entered into by the existing highway commission as to location and con- 
struction of any roads or highways, or for any other purpose, shall be and remain 

245 



3846 (o) EOADS AND HIGHWAYS— Art. 15 Ch. 70 

in full force and effect and taken over by the highway commission provided 
for in this article, and all contractors who have entered into any contract with 
the existing highway commission, whether private or municipal, shall carry out 
such contracts so made and all rights and remedies existing under such contracts 
by the present highway commission or any contractor shall remain in full force 
and effect. 

1921, c. 2, s. 48. 

3846 (o). Continuation of old commission. Taking over of contracts. Until 
the organization of the state highway commission provided for in this article 
the present existing state highway commission shall continue in effect and be 
authorized to act pursuant to chapter 189, Public Laws of nineteen-nineteen, and 
all other laws in force relating to the state highway commission, and to enter into 
contracts, which, together with all existing contracts, shall be taken over by the 
state highway commission created by this article, and in all other respects this 
article shall be in force from and after March 3, 1921. 

1921, c. 2, s. 53. 

3846 (p). Appeal from decisions of commission. From all decisions or de- 
terminations made by the state highway commission any party affected thereby 
shall be entitled to an appeal, and the procedure for such appeal shall be the same 
as provided in chapter twenty-one for appeals from decisions and determinations 
of the corporation commission. 

1923, c. 160, s. 5. 

Part 3. Construction, Maintenance, and Repair of Highivays 

3846 (q). Standard designs for marking roads constituting system. After the 
selection of a part or parts of the state highway system, the commission may cause 
roads, comprising such system, including connecting streets in incorporated towns 
and cities, to be distinctly marked with some standard design placed on convenient 
objects along such routes. Such design shall be uniform on all parts of the state 
highway system, except that the numbers thereon shall correspond with the num- 
bers given the various routes by the commission, which numbers shall coincide 
with the numbers placed on the official map or maps issued by the commission. 
No similar design shall be used for marking other- routes in North Carolina. 

1921, c. 2, s. 9(a). 

3846 (r). Guide and warning signs. After selection of state highways before 
mentioned, the commission may cause to be erected such standard guide or warn- 
ing signs as it may deem necessary along the state highway system. Such signs 
shall be of uniform design throughout the state, and it shall be unlawful for any 
person to erect or display any other guide or warning signs upon said highway 
except in case of emergency, or with the approval of the commission, and, if erected 
without such approval they may be removed by the commission, and any violator 
of this section shall be subject to all penalties hereinafter provided. After taking 
over section or sections of the state highway system, the commission may erect 
proper and uniform signs directing persons to roads and places of importance. 

246 



3846(u) KOADS AND HIGHWAYS— Art. 15 Oh. 70 

Said commission shall have the power to control all signs within the right of way 
of state highways. 
1921, c. 2, s. 9(b). 

3846 (s). Repair of road detour. It shall be mandatory upon the state high- 
way commission, its officers and employees, or any contractor or subcontractor 
employed by the said commission, to select, lay out, maintain and keep in as 
good repair as possible suitable detours by the most practical route while said 
highways or roads are being improved or constructed, and it shall be mandatory 
upon the said highway commission and its employees or contractors to place or 
cause to be placed explicit directions to the traveling public during repair of 
said highway or road under the process of construction. All expense of laying 
out and maintaining said detours shall be paid out of state highway fund. 

1921, c. 2, s. 11. 

3846 (t). Closing of state highways during construction; injury to barriers, 
warning signs, etc. If it shall appear necessary to the state highway commis- 
sion, its officers, or appropriate employees, to close any road or highway coming 
under its jurisdiction so as to permit of proper completion of work which is being 
performed, such commission, its officers or employees, may close, or cause to be 
closed, the whole or any portion of such road or highway deemed necessary to be 
excluded from public travel. While any such road or highway, or portion thereof, 
if so closed, or while any such road or highway, or portion thereof, is in process of 
construction or maintenance, such commission, its officers or appropriate employees, 
or its contractor, under authority from such commission, may erect, or cause to 
be erected, suitable barriers or obstructions thereon, may post, or cause to be 
posted, conspicuous notices to the effect that the road or highway, or portion 
thereof, is closed, warning signs, lights and lanterns on such road or highway, or 
portions thereof. When such road or highway is closed to the public or in process 
of construction or maintenance, as provided herein, any person who willfully 
breaks down, drives into new construction work, removes, injures or destroys 
any such barrier or barriers or obstructions on road being constructed, or tears 
down, removes or destroys any such notices, drives into new construction work, 
or extinguishes, removes, injures or destroys any such warning lights or lanterns 
so erected, posted or placed, shall be guilty of a disdemeanor. 

1921, c. 2, s. 12. 

3846 (u). Openings, structures, pipes, trees, etc., on highways, and issuance 
of permits. No opening or other interference whatsoever shall be made in any 
state road or highway other than streets in cities and towns, nor shall any struc- 
ture be placed thereon, nor shall any structure which has been placed thereon 
be changed or removed except in accordance with a written permit from the state 
highway commission or its duly authorized officers, who shall exercise complete and 
permanent control over such roads and highways. INTo state road or state high- 
way, other than streets in cities and towns, shall be dug up for laying or placing 
pipes, conduits, sewers, wires, railways, or other objects, and no tree or shrub 
in or on any state road or state highway shall be planted, trimmed, or removed, 
and no obstruction placed thereon, without a written permit as hereinbefore 

247 



3846 (v) KOADS AND HIGHWAYS— Aet. 15 Ch. 70 

provided for, and then only in accordance with the regulations of said highway 
commission or its duly authorized officers or employees; and the work shall be 
under the supervision and to the satisfaction of the state highway commission or 
its officers or employes, and the entire expense of replacing the highway in as 
good condition as before shall be paid by the persons, firms, or corporations to 
whom the permit is given, or by whom the work is done : the state highway com- 
mission, or its duly authorized officers, may, in its discretion, before granting 
a permit under the provisions of this article, require the applicant to file a satis- 
factory bond, payable to the state of North Carolina, in such an amount as may 
be deemed sufficient by the state highway commission or its duly authorized 
officers, conditioned upon the proper compliance with the requirements of this 
article by the person, firm, or corporation granted such permit. Any person 
making any opening in a state road or state highway, or placing any structure 
thereon, or changing or removing any structure thereon without obtaining a 
written permit as herein provided, or not in compliance with the terms of such 
permit, or otherwise violating the provisions of this article, shall be guilty of a 
misdemeanor: Provided, this section shall not apply to railroad crossings. The 
railroads shall keep up said crossings as now provided by law. 
1921, c. 2, s. 13; 1923, c. 160, s. 2. 

3846(v). Letting of contracts to bidders after advertisement. Right to re- 
ject bids. All contracts over one thousand dollars that the commission may let 
for construction, or any other kinds of work necessary to carry out the provisions 
of this article, shall be let, after public advertising, under rules and regulations 
to be made and published by the state highway commission, to a responsible bid- 
der, the right to reject any and all bids being reserved to the state highway com- 
mission. 

Whenever any contractor engaged in working upon the state highway, and under 
contract with the state highway commission, shall incur liability for labor, material 
or other cause, and for which such contractor, or his bondsmen, may be liable, all 
such claims shall be presented in writing to said commission within six months 
after the completion of said work, and failure to file such claim within said time 
shall be a complete bar against recovery from said commission or any bondsmen : 
Provided, that this paragraph shall not be in force and effect until six months 
from March 3', 1923. 

1921, c. 2, s. 15; 1923, c. 160, s. 3. 

3846 (w) . Working of state convicts. All able-bodied male convicts sentenced 
to the state prison may be assigned to work upon the state highway system under 
the direction of the state highway commission. That the cost or hire of the able- 
bodied male convicts to the state highway commission shall be agreed upon 
between the state highway commission and the governor and chairman of the 
prison board, on the basis of paying the actual expenses in working said convicts, 
including food, clothing, housing, guarding, transportation and incidental expenses 
by the state highway commission to the state prison board. 

1921, c. 2, s. 17. 

248 



384G(y) KOADS AND HIGHWAYS— Art. 15 Ch. 70 

3846 (x). Working of county convicts. The state highway commission may 
make contracts and agreements with the board of county commissioners or road- 
governing bodies of any county in the state for the purpose of hiring any county ' 
convicts to be worked on the state highway system or in the production of materials 
for use in constructing state highways, and for constructing state highways. 

1921, c. 2, s. 18. 

3846 (y). Elimination of grade crossings. Whenever any railroad and a state 
highway or street which is a link in or a part of the state highway system shall 
cross each other at the same level, and if, after due notice to the railroad and a 
hearing, in the judgment of the state highway commission, such crossing is 
dangerous to public safety, or the public travel on such highway is unreasonably 
impeded thereby, the state highway commission may order the person or com- 
pany operating such railroad, within such time as the state highway commission 
may fix, to alter such crossing according to the plans to be approved by said com- 
mission, by substituting therefor a crossing, not at the grade of such public high- 
way, either by carrying such public highway under or over the tracks of such rail- 
road. If, however, in the judgment of the state highway commission, the safety 
of travelers may be secured by the erection of gates, alarm signals, or other ap- 
proved safety devices, then said commission may require the railroad or railroads 
to construct and maintain such safety devices in lieu of the overpass or underpass. 

The work shall be done and material furnished either by the railroad or the 
state highway commission, as may be agreed upon, and, in case of an underpass, 
the railroad shall be responsible for one-half of the expense of all excavations 
through the existing railroad fill as well as one-half of the complete cost of the 
structure, including both the foundation and superstructure; and, in case of an 
overpass, the railroad shall be responsible for one-half of the entire cost of the 
bridge which will span the opening over the tracks of the railroad from abutment 
to abutment, and including such abutments, and if the grade crossing is not 
eliminated by an underpass or overpass, the railroad company shall be responsible 
for one-half of the cost of installing gates, alarm signals or other approved safety 
devices. If the work is done and material furnished by the railroad, an itemized 
statement of the total amount expended therefor shall, at the completion of the 
work, be furnished the state highway commission, and the commission shall pay 
such amount to the railroad as may be shown on said statement after deducting the 
amount for which the railroad is responsible; and if the work is done by the 
state highway commission, an itemized statement of the total amount expended 
shall be furnished to the railroad, and the railroad shall pay to the state highway 
commission such part thereof as the railroad may be responsible for as herein 
provided; such payment by the railroad shall be under such rules and regulations 
and by such method as the state highway commission may provide. 

Whenever, in the judgment of the state highway commission, a grade crossing 
shall be abolished by the construction either of an underpass or overpass, or the 
erection of safety devices, if the work is to be done by the railroad or railroads, as 
herein provided, the said commission shall give the railroad or railroads notice of 
its determination in this regard, and direct it or them to commence w T ork upon 
such underpass or overpass, or device, within a period to be fixed in such notice, 

249 



3846 (z) EOADS AND HIGHWAYS— Art. 15 Oh, 70 

and it such work is not commenced in the period specified in the notice, the state 
highway commission is authorized and empowered to carry such highway under 
•or over the tracks of said railroad or to provide gates, alarm signals or other ap- 
proved safety devices, rendering to the railroad or railoads an itemized account 
of the cost thereof, and at the completion of the work shall have a valid cause 
of action against such railroad or railroads for the proportionate part thereof due 
by the railroad as above provided : Provided, that the payment by such railroad 
of said proportionate part may be made under such rules and regulations and by 
such method as the state highway commission may provide. If the state highway 
commission shall undertake to do the work, it shall not obstruct or impair the 
operation of the railroad and shall keep the roadbed and tracks safe for the opera- 
tion of trains at every stage of the work. 
1921, c. 2, s. 19; 1923, c. 160, s. 5. 

3846 (z). Exclusiveness of jurisdiction of commission over grade crossings 
and safety devices. The jurisdiction over and control of grade crossings and 
safety devices upon the state highway system given the state highway commission 
shall be exclusive. 

1923, c. 160, s. 5. 

3846 (aa). Maintenance, upkeep, and control. In assuming control of the 
roads constituting the state highway system, the commission shall assume as soon 
as practicable the maintenance and upkeep of said roads, and shall as soon as 
practicable organize a proper and sufficient patrol force to keep said roads in good 
condition. In the event of failure to maintain said roads in good condition, upon 
complaint of the board of county commissioners, or road-governing body of any 
county, the state highway commission shall at once investigate such complaint, 
and if the same be well founded, then it shall at once order the repair and main- 
tenance of the road complained of, and investigate the neglect of the person in 
charge of the road so complained of, and, if upon investigation the person or 
persons in charge of the road complained of be at fault, he may promptly be dis- 
charged from the service of the commission. 

1921, c. 2, s. 20. 

3846 (bb). Acquirement of lands and deposits of materials. Condemnation 
proceedings. The state highway commission is vested with the power to acquire 
such rights of way and title to such land, gravel, gravel beds, or bars, sand, sand 
beds or bars, rock, stone, boulders, quarries, or quarry beds, lime or other earth or 
mineral deposits or formations, and such standing timber as it may deem necessary 
and suitable for road construction, maintenance, and repair, and the necessary ap- 
proaches and ways through, and a sufficient amount of land surrounding and ad- 
jacent thereto, as it may determine to enable it to properly prosecute the work, 
either by purchase, donation, or condemnation, in the manner hereinafter set 
out : Provided, that the right of condemnation provided for in this article shall 
not apply to gravel beds or bars, sand beds or bars, rock, stone, boulders, quarries, 
or quarry beds, lime, or other earth, or mineral deposits or formations, in actual 
bona fide operation for commercial purposes by private enterprise. The state 
highway commission is also vested with the power to acquire such additional land 

250 



3846 (dd) KOADS AND HIGHWAYS— Art. 15 Ch. 70 

alongside of the rights of way or roads as in its opinion may be necessary and 
proper for the protection of the roads and roadways, and such additional area as 
may be necessary as by it determined for approaches to and from such material 
and other requisite area as may be desired by it for working purposes. 

Whenever the state highway commission and the owner or owners of the lands, 
materials, and timber required by the state highway commission to carry on the 
work as herein provided for, are unable to agree as to the price thereof, the state 
highway commission is hereby vested with the power to condemn the lands, 
materials, and timber, and in so doing the ways, means, methods, and procedure 
of chapter thirty-three, entitled "Eminent Domain," shall be used by it as near as 
the same is suitable for the purposes of this law, and in all instances the general 
and special benefits shall be assessed as offsets against damages: Provided, that 
all actions for damages for rights of way or other causes shall be commenced 
within six months from the completion of each particular project. 

In case condemnation shall become necessary the state highway commission 
is authorized to enter the lands and take possession of the same, and also take 
possession of such materials and timber as is required by it prior to bringing the 
proceeding for condemnation, and prior to the payment of the money for the said 
property. 

In the event the owner or owners shall appeal from the report of the commission- 
ers, it shall not be necessary for the state highway commission to deposit the 
money assessed with the clerk, but it may proceed and use the property to be con- 
demned until the final determination of the action. 

1921, c. 2, s. 22; 1923, c. 160, s. 6. 

3846 (cc). Felonious acts of commissioners and employees. Any member of 
the highway commission, or any person employed by the highway commission in 
connection with carrying on the work outlined in this article, who shall know- 
ingly, or fraudulently, perform any act with intent to injure the state, or any 
contractor, or his agent or employee, who shall conspire with a member of the 
highway commission or employee thereof or any state official to permit a violation 
of the contract or contractor with intent to injure the state, or any agent or em- 
ployee of any contractor who shall do any work on any state highway in violation 
of contract, and with intent to defraud the state, and the member of the state high- 
way commission, employee or state official so conspiring shall each be guilty 
of a felony, and upon conviction thereof, shall be confined in the state prison not 
less than one year and not more than five years, and be liable to the state in 
a civil action instituted by the state on relation of the state highway commission, 
for double the amount the state may have lost by reason thereof. 

1921, c. 2, s. 49. 

3846 (dd). Responsibility of counties for upkeep, etc., devolved. The board 
of county commissioners or other road-governing bodies of the various 
counties in the state are hereby relieved of all responsibility or liability for the 
upkeep or maintenance of any of the roads or bridges thereon constituting the 
state highway system, after the same shall have been taken over, and the control 
thereof assumed by the state highway commission and the state highway commis- 

251 



3846 (ee) EOADS AND HIGHWAYS— Akt. 15 Ch. 70 

sion both as a commission and the individual members thereof, shall not be liable 
for any damage sustained by any person, firm, or corporation on the said state 
highway system, except for wanton and corrupt negligence. 
1921, c. 2, s. 50. 

Part If. County, City, and Town Roads 

3846 (ee). Encouragement of county road building. Contracts for reim- 
bursement. To encourage counties to build hard-surfaced or other dependable 
roads constituting a part of the state highway system before same can be con- 
structed by the state highway commission, the said commission is hereby author- 
ized and empowered to enter into contracts and agreements with said county or 
counties for fair reimbursement for said expense : Provided, said road or bridge 
is built in accordance with the specifications and under the direction of the state 
highway commission. 

1921, c. 2, s. 14. 

3846 (ff). Connection of highways with improved streets. Pipe lines and 
conduits. Cost. When any portion of the state highway system shall run 
through any city or town and it shall be found necessary to connect the state 
highway system with improved streets of such city or town as may be designated 
as part of such system, the state highway commission shall build such connecting 
links, the same to be uniform in dimensions and materials with such state high- 
ways: Provided, however, that whenever any city or town may desire to widen its 
streets which may be traversed by the state highway, the state highway commis- 
sion may make such arrangements with said city or town in connection with the 
construction of said road as, in its discretion, may seem wise and just under all 
the facts and circumstances in connection therewith : Provided further, that such 
city or town shall save the state highway commission harmless from any claims 
for damage arising from the construction of said road through such city or town 
and including claims for rights of way, change of grade line, and interference 
with public-service structures. And the state highway commission may require 
such city or town to cause to be laid all water, sewer, gas or other pipe lines or 
conduits, together with all necessary house or lot connections or services, to the 
curb line of such road or street to be constructed : Provided further, that when- 
ever by agreement with the road governing body of any city or town any street 
designated as a part of the state highway system shall be surfaced by order of the 
state highway commission at the expense, in whole or in part, of a city or town 
it shall be lawful for the governing body of such city or town to declare an assess- 
ment district as to the street to be improved, without petition by the owners of 
property abutting thereon, and the costs thereof, exclusive of so much of the 
cost as is incurred at street intersections and the share of railroads or street rail- 
ways whose tracks are laid in said street, which shall be assessed under their 
franchise, shall be specially assessed upon the lots or parcels of land abutting di- 
rectly on the improvements, according to the extent of their respective frontage 
thereon by an equal rate per foot of such frontage. 

1921, c. 2, s. 16; 1923, c. 160, s. 4. 

252 



384G(ii) KOADS AND HIGHWAYS— Art. 15 Ch. 70 

Part 5. Funds and Bonds 

3846 (gg). Construction districts. With the special view of an equitable dis- 
tribution of the construction funds throughout all portions of the state, the state 
shall be divided into nine (9) construction districts, the same being designated 
and indicated on the map following section 3846(c), and work in each of ihe 
construction districts shall be started as simultaneously as practicable and con- 
tinued so in each district. The commission may change, reform, and relocate the 
lines of said construction districts. 

1921, c. 2, s. 25. 

3846 (hh). Apportionment of funds to construction districts. The state high- 
way commission shall apportion among the various construction districts as nearly 
as possible an equal amount of the construction fund on the basis of one-third in 
the ratio of area of each district to the entire area of the state, one-third in the 
ratio of population of the districts, as determined by the last United States census, 
to the entire population of the state, and one-third in the ratio of the state high- 
way mileage of the district in proportion to the. total mileage of state highways. 

1921, c. 2, s. 26. 

3846 (ii). Appropriations for expenses of com|mission. Fund for securing 
federal aid. For the purpose of carrying out the provisions of this article and 
provide for the maintenance and construction of the highways contemplated under 
this article from the funds derived from the various taxes levied under this article, 
there shall first be set aside the sum of two hundred and fifty thousand dollars 
($250,000) annually, or so much thereof as may be necessary to defray the ex- 
penses of the state highway commission. From the remainder of said taxes there 
shall then be set aside annually the following, in order named: (a) a sum sufficient 
to pay the interest upon the first fifty million dollars bonds issued under this 
article, (5) a sum sufficient to pay the interest upon any bonds issued under this 
article in excess of fifty million dollars, and (c) any interest or sinking fund pay- 
ments now or hereafter directed to be made therefrom by the general assembly. 
The remainder of such fund shall be used by the highway commission in the main- 
tenance of the highways taken over under the provision of this article, and to 
be adopted and designated by the commission as state highways under the provi- 
sions of this article; any part of the two hundred and fifty thousand dollars 
($250,000) set apart for the expenses of the commission, and any part of the 
balance unexpended in the payment of interest on the bonds, shall pass each year 
under the control of the highway commission and be used by it in the maintenance 
and construction of the state system of highways herein provided for. All funds 
derived from the taxes herein levied, or from the sale of the bonds herein provided 
for, may be used by the commission in meeting the requirements of the United States 
government as to federal aid: Provided, that all necessary expenses of collecting 
the said license or registration fees or other state highway funds hereinafter pro- 
vided for, including clerical assistance, the cost of furnishing number plates and 
mailing same, and for such blanks, books, and other supplies as cannot be furnished 
by the state printer, shall be paid for monthly by the auditor from the revenue de- 

253 



3846 (jj) KOADS AND HIGHWAYS— Art. 15 Ch. 70 

rived from fees or taxes that are collected, said expenses shall be approved by the 
governor and council of state, and shall not in the aggregate exceed ten per cent 
of the total amount collected by the secretary of state under this article. 
1921, c. 2, s. 27; 1923, c. 263, s. 1. 

3846 (jj). Bond issue for road construction. For the purpose of carrying out 
the provisions of this article, and of enabling the state to avail itself to the fullest 
extent of all federal aid funds that are now or may become available for use 
in the state for road purposes, the state treasurer is hereby authorized, empowered, 
and directed to issue and sell serial bonds of the state payable in not less than 
ten nor more than forty years from the date of issue, and aggregating not more 
than fifty million dollars ($50,000,000), to be known, styled, and designated 
"State of North Carolina Highway Serial Bonds," said bonds to mature at such 
time or times, not less than ten years nor more than forty years from the date 
of said bonds, as may be determined and fixed by the governor and council of state. 
Not more than ten million dollars ($10,000,000) of said bonds may be issued and 
sold in the year one thousand nine hundred and twenty-one ; and not more than 
ten million dollars ($10,000,000) of said bonds may be issued and sold in the year 
one thousand nine hundred and twenty-two ; and the balance may be issued and 
sold at the rate of ten million dollars ($10,000,000) per annum: Provided, how- 
ever, that if the progress of the work shall be such as to justify it, then, and in 
that event, more than ten million dollars ($10,000,000) of the total amount herein 
authorized may be issued and sold in any one year at the request of the state 
highway commission, and by and with the consent of the governor and council 
of state. 

An additional issue of fifteen million dollars ($15,000,000) of bonds is hereby 
authorized. The said bonds shall be issued in the manner and in accordance with 
the provisions of this section, and the proceeds received therefrom shall be used 
for the purposes in this section prescribed. 

1921, c. 2, s. 39; Ex. Sess. 1921, c. 74; 1923, c. 263, s. 3. 

3846 (kk). Interest on bonds. All of said bonds shall bear interest at a rate 
to be fixed by the governor and council of state, but not exceeding five per cent 
per annum, and are to be dated the first day of January or July of tbe year in 
which the bonds are issued. Interest on said bonds shall be payable semiannually 
on the first day of January and July of each and every year so long as any por- 
tion of said bonds shall remain unpaid ; and when sold and turned over to the 
state treasurer all of said fund to be part of the construction fund and known as 
the "State Highway Fund." 

1921, c. 2, s. 40; 1923, c. 263, s. 4. 

3946(11). Coupon or registered bonds; denomination; receipt for state taxes; 
sale. All bonds authorized and issued under this article shall be coupon bonds 
of the denomination of one hundred dollars ($100), five hundred dollars ($500), 
and one thousand dollars ($1,000), respectively, or such other denominations as 
the state treasurer may determine, and shall be signed by the governor and the 
state treasurer, and sealed with the great seal of the state. The coupons thereon 

254 



3846 (pp) EOADS AND HIGHWAYS— Art. 15 Oh. 70 

may be signed by the state treasurer alone, or he may have lithographed, engraved, 
or printed thereon a facsimile of his signature. The said bonds shall be in all 
other respects in such form as the state treasurer may direct. The coi^ons after 
maturity shall be receivable in payment of taxes, debts, dues, licenses, fines, and 
demands due the state of any kind whatsoever, which shall be expressed on the 
face of the bonds. Before selling the bonds herein authorized to be issued, the 
state treasurer shall advertise the sale and invite sealed bids in such manner as in 
his judgment may seem most effectual to secure the best price. He is authorized 
to accept bids for the entire amount of such issue to be sold in any one year, or 
any portion thereof, and when the conditions are equal, he shall give the preference 
of purchase to the citizens of North Carolina; and he is empowered to sell the 
bonds herein authorized in such manner as in his judgment will produce the best 
price, but not for less than par and accrued interest and the full faith, credit, 
and taxing power of the state are hereby pledged for the payment of the principal 
and interest of the bonds herein authorized to be issued and sold. All expenses 
necessarily incurred in the preparation and sale of the bonds shall be paid from 
the proceeds of such sale. 

1921, c. 2, s. 41; 1923, c. 263, s. 5. 

3846 (mm). Registration of bonds. The said bonds shall be subject to reg- 
istration as to principal alone, or both principal and interest, in accordance with 
the provisions of the general law governing registration of the state securities as 
the same may from time to time be in force. 

1921, c. 2, s. 42; 1923, c. 263, s. 6. 

3846 (nn). Exemption of bonds from! taxation. The bonds and coupons and 
notes issued in anticipation of the sale of -the bonds, or for the payment of the 
interest thereon shall be exempt from all state, county, and municipal taxation 
or assessments, direct or indirect, general or special, whether imposed for the pur- 
poses of general revenue or otherwise, and the interest thereon shall not be sub- 
ject to taxation as for incomes, nor shall said bonds and coupons and notes issued 
in anticipation of sale of the bonds, or for the payment of the interest thereon, 
or installment of principal, be subject to taxation when constituting a part of the 
surplus of any bank, trust company or other corporation. 

1921, c. 2, s. 43. 

3846 (oo). Investment in bonds by fiduciaries. It shall be lawful for all 
executors, administrators, guardians, and fiduciaries generally, and all sinking 
fund commissioners to invest any moneys in their hands in said bonds when such 
investments are made. 

1921, c. 2, s. 44. 

3846 (pp). Loans in anticipation of sale of bonds. Loans for payment of 
interest and installments. The state treasurer, by and with the consent of the 
governor and council of state, is hereby authorized to borrow money at the lowest 
rate of interest obtainable, in anticipation of the sale of the bonds herein author- 
ized, and for the purposes for which said bonds are authorized to be issued. The 
state treasurer is hereby further authorized, by and with the consent of the gov- 

255 



3846 (qq) EOADS AND HIGHWAYS— Aet. 16 Oh. 70 

ernor and council of state, to borrow money at the lowest rate of interest obtain- 
able, for the purpose of paying the interest on, or any installments of tbe said 
bonds, in the event that there are not sufficient funds in the state treasury with 
which to pay said interest or installments of principal as they respectively fall due. 
The state treasurer shall execute and issue notes of the state for the money so 
borrowed, and he is hereby authorized to renew any such notes from time to time 
by issuing new notes. The rate of interest, the date of payment of said notes 
or renewals, and all matters and details in connection with the issuance and sale 
thereof shall be fixed and determined by the governor and council of state. Such 
notes when issued shall be entitled to all the privileges, immunities and exemptions 
that the bonds authorized to be issued are entitled to. The full faith, credit and 
taxing power of the state are hereby pledged for the payment of such notes as may 
be issued, and all interest thereon. The proceeds received from said notes, other 
than notes that may be issued to pay interest or installments of principal of the 
bonds, shall be placed by the state treasurer in the "State Highway Fund" herein 
provided for. The' notes issued in anticipation of the sale of the bonds shall be 
paid with funds derived from the sale of bonds, unless otherwise provided for 
by the general assembly. The notes issued for the payment of interest shall be 
paid from the funds collected under this article, as herein provided for, when col- 
lected, unless otherwise provided for by the general assembly. 
1921, c. 2, s. 45. 

3846 (qq). Control of funds. Vouchers for payment from funds. The state 
highway commission, under rules and regulations established by the commission, 
shall have full control over the funds in the hands of the state treasurer known 
as the "State Highway Fund," and the same shall be paid out by the state treas- 
urer upon proper voucher of the state highway commission for carrying out the 
purposes of this article. 

1921, c. 2, s. 46. 

Aet. 16. Abandonment of Highways, Roads, etc., Dedicated to the 

Public 

3846 (rr). Time of non-use establishing abandonment. Time for assertion of 
right. Declaration of withdrawal to be filed and recorded. Every strip, piece, 
or parcel of land which shall have been at any time dedicated to public use as a 
road, highway, street, avenue, or for any other purpose whatsoever, by any deed, 
grant, map, plat, or other means, which shall not have been actually opened and 
used by the public within twenty years from and after the dedication thereof, shall 
be thereby conclusively presumed to have been abandoned by the public for the 
purposes for which same shall have been dedicated; and no person shall have any 
right, or cause of action thereafter, to enforce any public or private easement 
therein, unless such right shall have been asserted within two years from and 
after March 8, 1921 : Provided, that no abandonment of any such public or pri- 
vate right or easement shall be presumed until the dedicator or those claiming 
under him shall file and cause to be recorded in the register's office of the county 
where such land lies a declaration withdrawing such strip, piece, or parcel of 

256 



3846 (tt) ROADS AND HIGHWAYS— Art. 1G Oh. 70 

land from the public or private use to which it shall have theretofore been dedi- 
cated in the manner aforesaid. 
1921, c. 174, s. 1. 

3846 (ss). Vested rights. The provisions of section 3846 (rr) shall have no 
application in any case where the continued use of any trip of land dedicated 
for street or highway purposes shall be necessary to afford convenient ingress, 
egress, and regress to any lot or parcel of land sold and conveyed by the dedicator 
of such street or highway prior to March 8, 1921. 

1921, c. 174, s. 2. 

3846 (tt). Law effective, when. Application of law. This article shall be in 
force from and after March 8, 1921, and shall apply to dedications made after 
as well as before that date. 

1921, c. 174, s. 3. 



17 257 



CHAPTER 71 
SALARIES AND FEES 

Art. 1. Payment of Salaries and Fees 

3847(a). Monthly payment of salaries. The treasurer of the state is author- 
ized, upon proper warrant, to pay the salaries in sections 3863, 3867-3870 provided 
for in equal monthly amounts. 

1.921, c. 11, s. 2. 

Art. 2. Legislative Department 

3853. Clerks and doorkeepers. The principal and his assistant clerks, the en- 
grossing clerks and doorkeepers and assistant doorkeepers of the general assem- 
bly, and the chief clerk and assistants, appointed by the secretary of state to 
supervise the enrollment of bills and resolutions, shall each receive four dollars 
per day, during the session of the general assembly, and the same mileage as 
members of the general assembly; and as additional compensation to that herein 
provided for, the principal clerks of the senate' and house of representatives shall 
each receive the sum of two dollars per day during the session of the general 
assembly. 

Rev., s. 2730; Code, ss. 2871, 2872; 1903, c. 5, s. 2; 1901, c. 631; 1899, cc. 6, 7; 1897, c. 52; 
1923, c. 142. 

3855. Principal clerks; extra compensation. The principal clerks of the gen- 
eral assembly shall be allowed four hundred dollars as a compensation for in- 
dexing the journals of their respective houses, and five hundred dollars each for 
extra work and for services required to be performed by them after the adjourn- 
ment of each session of the general assembly, including the transcribing of a copy 
of their respective journals, which shall be filed in the office of the secretary of 
state. 

Rev., s. 2732; Code, 2S68; 1866-7, c. 71; 1881, c. 292; 1911, c. 116; 1919, c. 170; 1921, 
c. 160. 

3855(a). Compensation of principal clerks for services in organizing senate 
and house. The principal clerks of the senate and house of representatives, 
together with such assistants as may be necessary in arranging the halls of the 
senate and house and completing the organization of the two branches of the gen- 
eral assembly before the days for convening thereof, and such services as are ren- 
dered after adjournment in the completion of the records, shall receive the same 
per diem as shall be allowed by law to the said clerks and their assistants during 
the session. The state auditor is directed to issue his warrants for such clerks 
and for such time as is certified to by the president of the senate and the speaker 
of the house, upon vouchers signed by them. 

1923, c. 130. 

Art. 3. Executive Department 

3859. Private secretary to governor; salary and fees. The private secretary to 
the governor shall be allowed an annual salary of three thousand dollars, and he 

258 



3801(c) SALARIES AND FEES— Art. 3 Ch. 71 

shall charge and collect the following fees, to be paid by the persons for whom the 
services are rendered, namely : For the commission of a judge, solicitor, senator 
in congress, representative in congress, notary public, or a place of profit, two 
dollars and fifty cents each ; for a testimonial, one dollar ; for affixing the seal to 
a grant, twenty-five cents ; for affixing the great seal of the state to state bonds, ten 
cents. All fees, except fifty cents on each commission issued, which shall be re- 
tained by the private secretary for his services, received by the private secretary 
shall be paid into the treasury quarterly. He shall be ex officio secretary of the 
board of internal improvements, and shall be allowed five dollars per day for each 
day the board is in session. 

Rev., s. 2737; Code, ss. 1689, 3721; R. C, c. 102, s. 12; 1856-7, p. 71, res.; 1881, c. 346; 
Pr. 1901, c. 405; 1903, c. 729; 1907, c. 830; 1911, c. 95; 1913, c. 1; 1915, c. 50; 1917, c. 214; 
1921, c. 227. 

3860. Executive secretary and clerk. There shall ,be an executive secretary 
to the governor. The executive secretary shall receive a salary of twenty-five hun- 
dred dollars annually, and shall not be required to do clerical work for or allowed 
to receive pay from the adjutant-general's office, for which three hundred dollars 
has heretofore been allowed ; and for additional clerical assistance the executive 
department shall be allowed a sum not exceeding twelve hundred dollars per annum. 
The salary of the executive clerk in the office of the governor shall be twenty-five 
hundred dollars ($2,500.00) per year. 

Rev., s. 273S; Code, s. 3722; 1876-7, p. 589, res.; 1881, c. 218; 1917, c. 830, s. 2; 1911, 
c. 95; 1913, c. 1; 1915, c. 50; 1917, c. 214; Ex. Sess. 1920, c. 49, s. 1; 1923, c. 233. 

3861. Governor and council to fix certain salaries. The governor and council 
of state shall constitute a board to adjust and fix the compensation to be paid to 
the several assistants, chief clerks, clerks and assistants, in the various departments 
of the state government affected by sections 3861, 3863, 3867-3870, 3873, 3874, and 
4668, including employees of the supreme court, and including, the private secre- 
tary of the governor : Provided, that nothing herein shall in any way affect the 
provisions of sections 3861(c) and 3861(d), except such as are by law required 
to give bond to the state. 

1921, c. 143, ss. 1, 4; Ex. Sess. 1921, c. 29. 

3861(a). Limit of salary. Certificate and payment. The compensation 
-fixed under the provisions of section 3861 shall not exceed $3,000 per annum for any 
individual employee, and shall be certified by the governor to the state auditor, 
and paid as provided by law for the payment of other salaries. 
1921, c. 143, s. 2. 

3861(b). Proceedings and reports. The proceedings of the , board shall be 
kept by the state auditor, and reported to each regular session of the general as- 
sembly. 

1921, c. 143, s. 3. 

3861(c). Governor and council to fix salaries, etc. Certificate to auditor and 
treasurer. The governor and council of state are hereby authorized to fix the 
salaries, compensation and wages, and the terms of payment, of all clerks, sten- 

259 



3861(d) SALARIES AND FEES— Aet. 3 Oh. 71 

ographers and laborers, in the several departments of the state, assistant state 
librarian, and second assistant state librarian, keeper of the capitol, janitors, 
night watchmen and laborers, employed in or about any state building, executive 
mansion and capitol grounds, whose salaries, compensation or wages do not now 
amount to the sum of eighteen hundred dollars per annum: Provided, the salary, 
compensation or wages of any such clerk, stenographer, employee, laborer, janitor, 
night-watchman or assistant librarians in the state library and in the supreme 
court library shall not be fixed at a sum greater than eighteen hundred dollars 
per annum ; and the salaries, compensation or wages shall be certified by the 
governor to the auditor and treasurer of the state; and in no case shall said clerks 
or stenographers or other employees herein mentioned by whatever name called or 
designated receive any additional compensation from the state or any department 
thereof. 

Ex. Sess. 1920, c. 95, s. 1. 

3861(d). Employment of additional assistants; compensation. The gover- 
nor and council of state are authorized and empowered to employ any additional 
clerical or stenographical help, in any of the departments of the state, upon the 
written request of the head of said department, and when they shall become satis- 
fied that such additional help is needed, temporarily in such department, to do 
efficiently the work of said department, and fix the salary of such additional help 
under section 3'861(c). 

Ex. Sess. 1920, c. 95, s. 2. 

3863. Department of secretary of state. The salary of the secretary of state 
shall be four thousand five hundred dollars per annum. All fees received by 
him shall be paid into the treasury unless otherwise directed by law. The sal- 
aries of the following employees in the department of the secretary of state shall 
be fixed by the governor and council of state not to exceed the amounts herein 
indicated. 

Corporation clerk $2,500 per annum 

Grant clerk 2,250 per annum 

Special clerk and stenographer 1,200 per annum 

The secretary of state shall be allowed a contingent sum not exceeding fifteen 
hundred dollars per annum for extra clerical assistance in the discharge of the 
duties of his office, and the treasurer shall pay the same upon the warrant of 
the auditor out of the fees collected by the secretary of state and paid into the 
state treasury. The governor and council of state are authorized to allow the 
department of the secretary of state not more than four additional clerks, at 
salaries not exceeding one hundred and twenty-five ($125.00) dollars per month, 
for such time as the governor and the council of state may find to be absolutely 
necessary to carry on the work of the department. 

Rev., s. 2741; Code, s. 3724; 1879, c. 240, s. 6; 1881, p. 632, res.; 1907, c. 994; 1919, c. 247, 
s. 2; Ex. Sess. 1920, c. 49, s. 4; 1921, c. 11, s. 1. 

3867. Department of state auditor. The auditor shall receive a salary of four 
thousand five hundred dollars per annum, and shall be alloAved no fee or other 

260 



3870 SALARIES AND FEES— Art. 3 Ch. 71 

compensation whatever. The salaries of the following employees in the depart- 
ment of the state auditor shall be fixed by the governor and council of state not to 
exceed the amounts herein indicated : 

Chief clerk $2,500 per annum 

Tax clerk 2,250 per annum 

The salaries of the employees in the department of the state auditor, fixed 
by law, shall be as follows : 

Stenographer, who is also pension clerk and bookkeeper. ...$1,800 per annum 

An additional clerk 1,800 per annum 

Rev., s. 2744; Code, s. 3726; 1879, c. 240, s. 7; 1881, c. 213; 1885, c. 352; 1889, c. 433; 

1891, c. 334, s. 5; 1907, c. 830, s. 5; 1907, c. 994, s. 2; 1911, c. 108, s. 1; 1911, c. 136, s. 1; 

1913, c. 172; 1919, c. 149; 1919, c. 247, s. 7; Ex. Sess. 1920, c. 49, s. 3; 1921, c. 11, s. 1. 

3868. Department of state treasurer. The salary of the state treasurer shall 
be four thousand five hundred dollars per annum. The salaries of *he following 
employees in the department of the state treasurer shall be fixed by the governor 
and council of state not to exceed the amounts herein indicated : 

Chief clerk $2,500 per annum 

Teller 2,500 per annum 

Institutional clerk 1,800 per annum 

Bond clerk 1,700 per annum 

Corporation tax clerk 1,800 per annum 

Stenographer 1,200 per annum 

License clerk 150 per annum 

Rev., s. 2739; Code, s. 3723; 1891, c. 505; 1907, c. 830, s. 3; 1907, c. 994, s. 2; 1917, c. 

161; 1919, c. 233; 1919, c. 247, s. 3; Ex. Sess. 1920, c. 49, s. 2; 1921, c. 11, s. 1. 

3869. Department of education. The state superintendent of public instruc- 
tion shall receive an annual salary of five thousand dollars and actual traveling 
expenses. The salaries of the following employees in the department of education 
shall be fixed by the governor and council of state not to exceed the amounts 
herein indicated : 

Chief clerk $2,500 per annum 

Statistical clerk 2,500 per annum 

The statistical clerk, who is also the loan fund clerk, shall be paid out of the 
loan fund. The stenographer shall receive a salary of twelve hundred dollars 
per annum. 

Rev., s. 2745; Code, s. 2737; 1879, c. 240, s. 8; 1901, c. 4, ss. 9, 11; 1903, c. 435, s. 2; 
1903, c. 567, s. 6; 1903, c. 603; 1905, c. 533, ss. 2, 15, 16; 1907, c. 830, ss. 6, 11; 1907, c. 994; 
1915, c. 247; 1917, cc. 167, 285; 1919, c. 293; 1919, c. 247, s. 5; 1921, c. 11, s. 1. 

3870. Department of justice. The attorney-general shall receive an annual 
salary of four thousand dollars and, also, one hundred dollars for each term 
of the supreme court which he shall attend and the fees allowed by law. The 

261 



3872 SALARIES AND FEES— Art. 3 Ch. 71 

assistant attorney-general shall receive a salary of thirty-two hundred and fifty 
dollars per year, payable monthly. The attorney-general shall also be allowed 
a stenographer who shall serve also as criminal statistics clerk, whose salary shall 
be fixed by the governor and council of state not to exceed twenty-four hundred 
dollars per year. 

Rev., s. 2746; Code, ss. 3728, 3729; 1889, c. 274; 1893, c. 379; 1907, c. 830, s. 7; 1907, c. 
994, s. 2; 1909, c. 804; 1911, c. 94; 1919, c. 247, s. 6; 1921, c. 11, s. 1; 1921, c. 182; 1923, c. 
177. 

3872. Department of agriculture. The salary of the commissioner of agri- 
culture shall be four thousand five hundred dollars per annum, to be paid monthly 
out of the receipts of the agricultural department. 

Rev., s. 2749; 1901, c. 479, s. 4; 1905, c. 529; 1907, c. 887, s. 1; 1913, c. 58; 1921, c. 
25, s. 1. 

3873. Department of labor and printing. The salary of the commissioner of 
labor and printing shall be four thousand five hundred dollars per annum, payable 
monthly. The salaries of the assistant commissioner of labor and printing and 
of the following employees in the department of labor and printing shall be fixed 
by the governor and council of state not to exceed the amounts herein indicated: 

Assistant commissioner $2,500 per annum 

Bookkeeper and stock man 1,800 per annum 

Stenographer 1,200 per annum 

The commissioner and assistant commissioner of labor and printing shall also 
receive their traveling expenses while traveling for the purpose of collecting the 
information and statistics as provided by law. 

Rev., s. 2753: 1899, c. 373, s. 3; 1907, cc. 930, 989; 1915, cc. 157, 177; 1919, c. 247, s. S; 
1921, c. 25, s. 1. 

3874. Department of insurance. The salary of the insurance commissioner 
shall be four thousand five hundred dollars per annum, payable monthly. The 
salaries of the following assistants and employees in the department of insurance 
shall be fixed by the governor and council of state not to exceed the amounts 
herein indicated : 

Chief deputy $2,500 per annum 

Chief clerk 2,500 per annum 

Actuary 2,500 per annum 

Cashier 1,500 per annum 

License clerk 1,250 per annum 

Rev., s. 2756; 1899, c. 54, ss. 3, 8; 1901, c. 710; 1903, c. 42; 1903, c. 771, s. 3; 1907, c. 830, 
s. 10; 1907, c. 994; 1909, c. 839; 1913, c. 194; 1915, cc. 158, 171; 1917, c. 70; 1919, c. 247, s. 
4; 1921, c. 25, s. 1. 

3875. Corporation commission. The salary of the corporation commissioners 
shall be four thousand five hundred dollars per annum each, payable monthly, and 
in addition thereto five hundred dollars per annum each as state tax commissioners ; 

262 



3884 SALARIES AND FEES— Abt. 4 Ch. 71 

and also actual traveling expenses while on official business. The salaries of the 
employees of the corporation commission shall be as follows : 

Clerk of corporation commission $2,400 per annum 

First assistant clerk 1,500 per annum 

Second assistant clerk 1,200 per annum 

The clerk of the corporation commission as clerk to the board of state tax 
commissioners shall receive three hundred dollars per annum in addition to his 
other salary. 

Rev., s. 2754; 1899, c. 164, s. 31, c. 688; 1901, c. 7, s. 2; 1903, c. 251, ss. 2, 3; 1905, c. 590, 
s. 3; 1907, cc. S30, 989, 994, 999; 1911, c. 147; 1919, c. 92, s. 13; 1921, c. 25, s. 1. 

3876. State librarian. The salary of the state librarian shall be two thousand 
five hundred dollars per annum, and he shall be allowed two hundred and fifty 
dollars per annum for services as custodian of the document library, and one dol- 
lar per day during the sessions of the general assembly for keeping the document 
library open. He shall be allowed to charge a fee of fifty cents for -each seal and 
certificate, and ten cents per copy-sheet for all documents, papers, copies of instru- 
ments of every description whatsoever pertaining to his office which he shall be 
called upon to furnish to any person interested in same, to be paid by the party 
securing such copy of record. He shall be allowed two assistants, whose salaries 
shall be as follows : 

First assistant $900 per annum 

Second assistant 500 per annum 

Rev., s. 2748; Code, s. 3604; 1901, o. 503, s. 1; 1887, c. 258, s. 3; 1889, res., p. 519; 1905, 
c. 537; 1907, c. 647; 1909, cc. 246, 887; Ex. Sess. 1913, c. 33; 1915, c. 74; 1921, c. 202. 

3877. Adjutant-general. The salary of the adjutant-general shall be four 

thousand five hundred dollars per annum. The adjutant-general shall reside at the 

state capital during his term of office. 

Rev., s. 2750; Code, ss. 3275, 3730; 1899, c. 390, ss. 2, 3; 1879, c. 240, s. 10; 1883, c. 283, 
s. 2; 1907, c. 803, s. 1; 1911, c. 110, s. 1; 1915, c. 118; Ex. Sess. 1921, c. 53. 

Art. 4. Judicial Department . 

3883. Supreme court justices. Each justice of the supreme court shall be 
paid an annual salary of six thousand dollars, and two hundred and fifty dol- 
lars annually in lieu of and in commutation for traveling expenses. They shall 
each be allowed nine hundred dollars annually for stenographer or clerk. 

Rev., s. 2764; Code, s. 3733; 1891, c. 193; 1903, c. 805: 1905, c. 20S; 1907, cc. S41, 988; 
1909, c. 486; 1911, c. 82; 1915, c. 44; 1919, c. 51; 1921, c. 25, s. 2. 

3884. Superior court judges. The salary of each of the judges of the superior 
court shall be five thousand dollars per annum, and each judge shall be allowed 
the sum of one thousand two hundred and fifty dollars in lieu of his traveling 
expenses, to be paid monthly. They shall also receive one hundred dollars per 
week and their actual expenses incurred in attending and holding special terms of 

263 



3884(a) SALARIES AND FEES— Aet. 5 Cli. 71 

court by assignment of the governor, which, expenses shall be paid by the county 
in which such special term is held. 

Rev., s. 2765; Code, ss. 918, 3734; 1S91, c. 193; 1901, c. 167; 1905, c. 208; 1907, c. 988; 
1909, c. 85; 1911, c. S2; 1919, c. 51; 1921, c. 25, s. 3. 

3884(a). Salaries of resigned or retired justices of supreme court and judges 
of superior courts. Every justice of the supreme court and judge of the su- 
perior court who has heretofore resigned or retired from office at the end of 
his term, or who shall hereafter resign or retire at expiration of his term, who has 
attained the age of seventy (70) years at the date of his resignation or retirement, 
and who has served for fifteen (15) years on the supreme court or on the superior 
court, or on the supreme and superior courts combined, shall receive for life two- 
thirds (%) of the annual salary now received by the justices of the supreme court 
or judges of superior court, respectively, payable monthly. The provisions herein 
as to the amount of life-time pay shall relate back to and become effective as of the 
fourth day of March, one thousand nine hundred and twenty-one, and the state 
treasurer is authorized and directed to pay on the warrant of the state auditor 
the salary of any justice or judge as affected by such provisions, less any amount 
heretofore paid. 

1921, c. 125, s. 1; Ex. Sess. 1921, c. 20, ss. 1, 2. 

3889(a). Night-watchman of administration building. The salary of the 
night-watchman of the state administration building shall be $22.50 per week. 
Ex. Sess. 1920, c. S3. 

Aet. 5. Solicitobs, Jueobs, and Witnesses 

3890. Solicitors; general compensation. The solicitors of the several judicial 
districts shall each receive, as full compensation for their services as solicitor, the 
sum of four thousand five hundred dollars ($4,500.00) per annum, to be paid in 
equal monthly installments out of the state treasury upon warrant duly drawn 
thereon. Said salary shall be paid in lieu of all fees or other compensation now 
or hereafter allowed by law to solicitors for performing the duties of their office. 

Rev., s. 2767; Code, s. 3736; 1879, c. 240, s. 12; 1923, c. 157, s. 1. 

3890(a). Appropriation for expenses. Each solicitor shall receive, in addition 
to the salary named in section 3890, the sum of seven hundred and fifty dollars, 
which shall cover all of his expenses while engaged in duties connected with his 
office. Said sum shall be paid in equal monthly installments out of the state 
treasury upon warrants duly drawn thereon. 

1923, c. 157, s. 2. 

3891. Fees of solicitors. (Repealed by Public Laws 1923, Chapter 157, sec- 
tion 1.) 

3892. Fees of jurors. All jurors in the superior court other than special 
veniremen and tales jurors shall receive such an amount per day as the boards 
of commissioners of their respective counties may fix, not less than two dollars 
per day and not more than four dollars per day, and mileage at the rate of five 

264 



3893 SALARIES AND FEES— Art. 5 Ch. 71 

cents per mile while coming to the county-seat and returning home. The said 
distance to be computed by the usual route of public travel. In the counties of 
Union, Nash, Brunswick, Eandolph, Haywood, Polk, Surry, Swain, Alleghany, 
Anson, Graham, Ashe, Dare, Alexander, Cleveland, Clay, Transylvania, Harnett, 
Stanly, Mitchell, Burke, Franklin, Greene, Johnston, and Henderson, jurors 
other than special veniremen and tales jurors shall not receive more than tbree 
dollars per day. 

Special veniremen and tales jurors shall receive such an amount per day for 
their attendance upon court as may be fixed by the boards of commissioners of 
their respective counties, not exceeding three dollars per day. Special venire- 
men who have been accepted on the panel in the trial of any cause shall receive 
the pay and mileage of regular jurors. 

Rev., s. 2798; 1919, c. 85, ss. 1, 2; Ex. Sess. 1920, c. 61, ss. 1, 3; 1921, c. 62, s. 1. 

3893. Fees and mileage of witnesses. The fees of witnesses, whether attend- 
ing at a term of court or before the clerk, or a referee, or commissioner, or 
arbitrator, shall be such amount per day as the board of commissioners of the 
respective counties may fix, to be not less than one dollar per day and not more 
than three dollars per day, except in the counties of Union, Nash, Brunswick, 
Randolph, Haywood, Polk, Surry, Swain, Alleghany, Anson, Graham, Ashe, Dare, 
Alexander, Cleveland, Clay, Transylvania, Harnett, Stanly, Mitchell, Burke, 
Franklin, Greene, Johnston, and Henderson, in which counties the fees shall be 
one dollar per day. They shall also receive mileage, to be fixed by the county 
commissioners of their respective counties, at a rate not to exceed five cents per 
mile for every mile necessarily traveled from their respective homes in going to and 
returning from the place of examination by the ordinary route, and ferriage and 
toll paid in going and returning. If attending out of their counties, they shall 
receive one dollar per day and five cents per mile going and returning by the 
ordinary route, and toll and ferriage expenses : Provided, that witnesses before 
courts of justices of the peace shall receive fifty cents per day in civil cases, and 
in criminal actions of which justices of the peace have final jurisdiction, witnesses 
attending the courts of justices of the peace, under subpoena, shall receive fifty 
cents per day, and in hearings before coroners witnesses shall receive fifty cents 
per day and no mileage; but the party cast shall not pay for more than two wit- 
nesses subpoenaed to prove any one material fact, and no prosecutor or complain- 
ant shall pay any costs, unless the justice shall find that the prosecution was 
malicious and frivolous : Provided further, that experts, when compelled to attend 
and testify, shall be allowed such compensation and mileage as the court may in 
its discretion order. Witnesses attending before the corporation commission shall 
receive two dollars per day and five cents per mile traveled by the nearest prac- 
ticable route. All witnesses subpoenaed to attend courts of justices of the peace 
in Franklin county in the trial of civil or criminal cases in any township other 
than their resident townships shall be paid the same per diem and mileage that is 
now paid witnesses attending the superior courts. 

Rev., s. 2803; Code, ss. 2860, 3756; 1891, c. 147; 1905, cc. 279, 522; P. L. 1911, c. 402; 
Ex. Sess. 1920, c. 61, ss. 2, 3; 1921, c. 62, s. 2. 

265 



3901 SALAEIES AND FEES— Aets. 7, 8 Ch. 71 

Art. 7. County Officers 

3904. Local modifications as to clerk's fees. For the probate of a short-form 
lien bond, or lien bond and chattel mortgage combined, the clerk shall receive 
ten cents in the following counties: Alamance, Alleghany, Ashe, Beaufort, 
Bladen, Brunswick, Buncombe, Burke, Carteret, Caswell, Catawba, Chatham, 
Chowan, Cleveland, Columbus, Craven, Cumberland, Davie, Duplin, Durham, 
Edgecombe, Forsyth, Gaston, Gates, Granville, Greene, Harnett, Iredell, John^ 
ston, Jones, Lenoir, Lincoln, Martin, McDowell, Mecklenburg, Moore, Nash, 
New Hanover, Onslow, Pamlico, Pender, Perquimans, Person, Pitt, Polk, Bich- 
mond, Eobeson, Eockingham, Eowan, Rutherford, Sampson, Union, Vance, War- 
ren, "Washington, Watauga, Wayne, Wilson. 

Rev., s. 2773; 1907, c. 717; 1909, c. 502; 1917, c. 182. 

In Anson, this fee is twenty cents. 
1913, c. 49. 

In Bertie county the clerk of the superior court shall collect the sum of fifteen 
cents for each crop lien or lien bond probated by him for registration in Bertie 
county, including all services connected therewith. 

1915, c. 163. 

In Forsyth county the clerk shall receive fifteen cents for the probate of a 
deed or other writing, acknowledged by the signers or makers, including all 
except married women who acknowledge at the same time, with the certificate 
thereof. He shall also receive fifteen cents for the probate of a deed or other 
writing, proved by a witness, including the certificate. 

1913, c. 626. 

In Jackson county, in addition to the fees now allowed by law, the clerk shall 
receive the sum of five dollars for writing up the minutes of each day's session of 
the superior court of the county, to be paid by the county. 

1913, c. 182. 

In Robeson county the board of county commissioners may make an allow- 
ance to the clerk of the superior court for keeping the records of the court and 
transcribing the minutes, to be paid out of the general county fund. 

Rev., s. 2773. 

For fees in Guilford and Montgomery counties, see P. L. 1919, cc. 219, 334, s. 1. 

From and after February 27, 1923, it shall be unlawful for the clerks of the 
superior courts of Vance, Warren, Northampton, Wayne and Bertie counties 
to charge fees for witness and juror tickets issued by them. 

1923, c. 92. 

Art. 8. Township Officers 

3923. Justices of the peace. That justices of the peace shall receive the fol- 
lowing fees, and none other : For attachment with one defendant, twenty-five 
cents, and if more than one defendant, ten cents for each additional defendant; 
transcript of judgment, ten cents; summons, twenty cents, if more than one 
defendant in the same case, for each additional defendant, ten cents ; subpoena 
for each witness, ten cents ; trial when issues are joined, seventy-five cents, and 

266 



3923 SALARIES AND FEES— Akt. 8 Oh. 71 

if no issues are joined, then a fee of forty cents for trial and judgment; taking 
an affidavit, bond or undertaking, or for an order of publication, or an order to 
seize property, twenty-five cents ; for jury trial and entering verdict, seventy-five 
cents ; execution, twenty-five cents ; renewal of execution, ten cents ; return to 
an appeal, thirty cents; order of arrest in civil actions, twenty-five cents; war- 
rant of arrest in criminal and bastardy cases, including affidavit or complaint, 
fifty cents ; warrant of commitment, twenty-five cents ; taking depositions on 
order or commission, per one hundred words, ten cents ; garnishment for taxes, 
and making necessary return and certificate of same, twenty-five cents; for 
hearing petition for widow's year's allowance, issuing notice to commissioners 
and allotting the same, one dollar ; for filing and docketing laborers' liens, fifty 
cents ; probate of a deed or other writing proved by a witness, including the 
certificate, twenty-five cents ; probate of a deed or other writing executed by a 
married woman, proper acknowledgment and private examination, with the cer- 
tificate thereof, twenty-five cents; probate of a deed or other writing acknowl- 
edged by the signers or makers, including all except married women who acknowl- 
edge at the same time, with the certificate thereof, twenty-five cents ; probating 
chattel mortgage, including the certificate, ten cents ; for issuing all papers and 
copies thereof in an action for claim and delivery, and the trial of the same, if 
issues are joined, when there is one defendant, one dollar and fifty cents, and if 
more than one defendant in action, fifty cents for each additional defendant, and 
ten cents for each subpoena issued in said cause, and twenty-five cents for taking 
the replevy bond, when one is given: Provided, that when the trial of such a 
cause shall have been removed from before the justice of the peace issuing the said 
papers, the justice of the peace sitting in trial of such cause shall receive fifty 
cents of the above costs for such trial and judgment. 

Justices of the peace in the counties of Montgomery, Macon, Swain, Greene, 
Hyde, Cherokee, Rowan, Anson, Bertie, Nash, Chowan, Alamance, Wake, Transyl- 
vania, Watauga, Pender, Lee, Lenoir, Perquimans, Rockingham, Stokes, Johnston, 
Halifax, Duplin, Chatham, Forsyth, Wilkes, Gates, Tyrrell, Brunswick, Stanly, 
Columbus, Edgecombe, Franklin, Vance, Mitchell, Orange, Buncombe, Jackson, 
Alexander, McDowell, Clay, Hertford, Davidson, Northampton, Wayne, Jones, 
Cabarrus, Robeson, Richmond, Randolph, Polk, Henderson, Harnett, Bladen, 
Burke, Granville, Person, and Haywood, shall receive the following fees, and none 
other : For attachment with one defendant, thirty-five cents, and if more than one 
defendant, fifteen cents for each additional defendant ; transcript of judgment, 
fifteen cents ; summons, thirty cents ; if more than one defendant in the same case, 
for each additional defendant, fifteen cents ; subpoena for each witness, fifteen cents ; 
trial when issues are joined, one dollar ; and if no issues are joined, then a fee of 
fifty cents for trial and judgment ; taking an affidavit, bond, or undertaking, or 
for an order of publication, or an order to seize property, thirty-five cents; for 
jury trial and entering verdict, one dollar ; execution, thirty-five cents ; renewal of 
execution, fifteen cents; return to an appeal, forty cents; order of arrest in civil 
actions, thirty cents ; warrant of arrest in criminal and bastardy cases, including 
affidavit or complaint, seventy-five cents ; warrant of commitment, fifty cents ; tak- 
ing depositions on order of commission, per one hundred words, fifteen cents ; gar- 
nishment for taxes and making necessary return and certificate of same, thirty- 
five cents. 

Rev., s. 2788; Code, ss. 2135, 3748; 1870-1, c. 130, s. 9; 1883, c. 368; 1885, c. 86; 1903, c. 
225; 1907, c. 967; 1917, c. 260; 1921, c. 113; Ex. Sess. 1921, cc. 38, 64, 67; 1923, cc. 28, 
114, 238. 

267 



CHAPTER 73 

STATUTORY CONSTRUCTION 

3949. Rules for construction of statutes. In the construction of all statutes 
the following rules shall be observed, unless such construction would be incon- 
sistent with the manifest intent of the general assembly, or repugnant to the 
context of the same statute, that is to say : 

Rev., s. 2S31; R. C, c. 108, s. 2. 

1. Singular and plural number, masculine gender, etc. Every word import- 
ing the singular number only shall extend and be applied to several persons or 
things, as well as to one person or thing; and every word importing the plural 
number only shall extend and be applied to one person or thing, as well as to 
several persons or things ; and every word importing the masculine gender only 
shall extend and be applied to females as well as to males, unless the context 
clearly shows to the contrary. 

2. Authority, to three or more exercised by majority. All words purporting 
to give a joint authority to three or more public officers or other persons shall 
be construed as giving such authority to a majority of such officers or other per- 
sons, unless it shall be otherwise expressly declared in the law giving the 
authority. 

3. "Month" and "year." The word "month" shall be construed to mean a 
calendar month, unless otherwise expressed ; and the word "year,' ' a calendar 
year, unless otherwise expressed ; and the word "year" alone shall be equivalent 
to the expression "year of our Lord." 

Ji. Leap-year, hoiu counted. In every leap-year the increasing day and the day 
before, in all legal proceedings, shall be counted as one day. 
R. C, c. 31, s. 108; R. S., c. 31, s. 113; 21 Hen. III. 

5. "Oath" and "sworn." The word "oath" shall be construed to include 
"affirmation," in all cases where by law an affirmation may be substituted for an 
oath, and in like cases the word "sworn" shall be construed to include the word 
"affirmed." 

6. "Person" and "property." The word "person" shall extend and be applied 
to bodies politic and corporate, as well as to individuals, unless the context clearly 
shows to the contrary. The words "real property" shall be coextensive with lands, 
tenements and hereditaments. The words "personal property" shall include 
moneys, goods, chattels, choses in action and evidences of debt, including all things 
capable of ownership, not descendible .to the heirs at law. The word "property" 
shall include all property, both real and personal. 

7. "Preceding" and "following." The words "preceding" and "following," when 
used by way of reference to any section of a statute, shall be construed to mean 
the section next preceding or next following that in which such reference is made; 
unless when some other section is expressly designated in such reference. 

8. "Seal." In all cases in which the seal of any court or public office shall 
be required by law to be affixed to any paper issuing from such court or office, 

268 



3949 STATUTORY CONSTRUCTION Ch. 73 

the word "seal" shall be construed to include an impression of such official seal, 
made upon the paper alone, as well as an impression made by means of a wafer 
or of wax affixed thereto. 

9. "Will." The term "will" shall be construed to include codicils as well as 
wills. 

10. "Written" and "in writing." The words "written" and "in writing" may 
be construed to include printing, engraving, lithographing, and any other mode 
of representing words and letters : Provided, tbat in all cases where a written 
signature is required by law, the same shall be in a proper handwriting, or in a 
proper mark. 

11. "State" and "United States." The word "state," when applied to the 
different parts of the United States, shall be construed to extend to and include 
the District of Columbia and the several territories, so called; and the words 
"United States" shall be construed to include the said district and territories 
and all dependencies. 

12. "Imprisonment for one month," how construed. The words "imprison- 
ment for one month." wherever used in any of the statutes, shall be construed to 
mean "imprisonment for thirty days." 

Rev., s. 2831; Code, s. 3765; R. C, c. 108. 

13. "Governor," "senator," "solicitor," "elector," "executor," "administrator," 
"collector," "juror," and "auditor." The words "governor," "senator," "solicitor," 
"elector," "executor," "administrator," "collector," "juror," "auditor," and any 
other words of like character shall when applied to the holder of such office, or 
occupant of such position, be words of common gender, and they shall be a suffi- 
cient designation of the person holding such office or position, whether the holder 
be a man or a woman. 

1921, c. 30. 



269 



CHAPTER 78 
TRUSTEES 

Art. 1. Investment and Deposit of Trust Funds 

4018(a). Investment of trust funds in county bonds. Guardians, executors, 
administrators, trustees, and others acting in a fiduciary capacity, are authorized 
to invest funds in their hands as such fiduciaries in bonds issued by any county 
of the state of North Carolina subsequent to January first, one thousand nine 
hundred and fifteen, in the same manner, to the same extent and with the same 
legal consequence as fiduciaries are now authorized to invest such funds in bonds 
of the state of North Carolina under the provisions of section four thousand and 
eighteen. 

Ex. Sess. 1921, c. 63. 



270 



CHAPTER 80 
WIDOWS 

Art. 2. Dower 

4103. Conveyance of home site without wife's signature. (Repealed by Pub- 
lic Laws 1923, Chapter 65, Section 2, to extent of its conflict therewith.) 

4103(a). Conveyance without joinder of wife; certificate of lunacy. Every 
man whose wife is a lunatic or insane may bargain, sell, lease, mortgage, transfer 
and convey any of his real estate by deed, mortgage deed, deed of trust, or lease, 
without the signature or private examination of his wife: Provided, that the 
clerk of the superior court of the county in which the wife was adjudged a lunatic 
or declared insane, or the superintendent of an insane institution of the state, or 
any other state, shall certify under his hand and seal that she has been adjudged 
a- lunatic or declared insane, and that her sanity has not been declared restored as 
is provided by law, and this certificate must be attached to the husband's deed, 
mortgage deed, deed of trust, or lease. Such deed, mortgage deed, deed of trust 
or lease executed, probated and registered in accordance with law shall convey 
all the estate and interest as therein intended of the grantor in the land conveyed, 
free and exempt from the dower rights and all other interests of his wife : Pro- 
vided, this section shall not apply to the homestead of the husband which has been 
actually allotted. 

1S23, c. 65, s. 1. 

4103(b). Renouncement of dower. All married women under the age of 
twenty-one years shall have the same privilege to renounce their dower rights as 
are now conferred upon married women twenty-one years old and over. 

1923, c. 67. s. 2. 



271 



CHAPTER 81 
WILLS 

Aet. 4. Probate of Will 

4139. Executor may apply for probate. Any executor named in a will may, 
at any time after the death of the testator, apply to the clerk of the superior 
court, having jurisdiction, to have the same admitted to probate. Such will 
shall not be valid or effective to pass real estate or personal property as against 
innocent purchasers for value and without notice, unless it is probated or offered 
for probate within two years after the death of the testator or devisor. If such 
will is fraudulently suppressed, stolen or destroyed, or been lost, and an action 
or proceeding shall be commenced within two years from the death of the testa- 
tor or devisor to obtain said will or establish the same as provided by law, then 
the limitation herein set out shall only begin to run from the termination of said 
action or proceeding, but not otherwise. If the clerk of the superior court having 
jurisdiction to probate any will be a subscribing witness thereto, or a devisee or 
legatee therein, or if said clerk shall have any pecuniary interest in the property 
disposed of by said will, then the clerk of the superior court of any adjoining 
county shall have jurisdiction to probate said will, and upon petition filed before 
him by any one interested in any way in said will, he shall proceed to have said 
will produced before him, and the said will shall thereupon be probated,- recorded, 
and filed as provided by this chapter, and a duly certified copy of the said will, 
together with the probate of the same, and the said petition, under the hand and 
seal of the said clerk, shall be filed and recorded in the book of wills, in the office 
of the clerk of the superior court of the county whose clerk was a subscribing 
witness thereto, or a devisee of legatee therein, or who had a pecuniary interest in 
the property disposed of by said will and the clerk in said last mentioned county 
is hereby authorized to issue letters to personal representatives, who may qualify 
and administer the estate in said will as if originally probated in said county, and 
the title to all property, both real and personal, conveyed and devised in said will, 
shall be as good and effectual as if the said will had been originally probated and 
recorded in said last mentioned county: Provided, that the preceding sentence 
shall not affect vested rights or litigation pending March 9, 1921. 

Rev., s. 3122; Code, s. 2151; C. C. P., s. 439; 1919, c. 15; 1921, c. 99; 1923, c. 14. 

4146. Wills filed in clerk's office. All original wills shall remain in the clerk's 
office, among the records of the court where the same shall be proved, and to such 
wills any person may have access, as to the other records. If said will contains a 
devise of real estate, outside said county where said will is probated, then a copy 
of the said will, together with the probate of the same, certified under the hand and 
seal of the clerk of the superior court of said county may be recorded in the book 
of wills and filed in the office of the clerk of the superior court of any county in 
the state in which said land is situated with the same effect as to passing the title 
to said real estate as if said will had originally been probated and filed in said 
county and the clerk of the superior court of said last mentioned county had had 
jurisdiction to probate the same. 

Rev., s. 3129; Code, s. 2173; R. C, c. 119, s. 19; 1777, c. 115, s. 59; 1921, c. 10S, s. 1. 

272 



4156 WILLS— Art. 4 Ch. 81 

4146(a). Validation of wills heretofore certified and recorded. All wills 

which have heretofore been certified and recorded in the office of the clerk of the 
superior court of any county, substantially following the provisions of section 
4146 are hereby validated and approved as to the conveyance and transfer of 
any title to real estate as contained therein, to the same extent as if said wills had 
originally been probated and filed in said county, and the clerk of the superior 
court of said county had had jurisdiction to probate the same, provided the probates 
and witnesses to the said wills are sufficient and according to law. 
1921, c. 108, s. 2. 

4150. Probate when witnesses in another county. When a will is offered for 
probate in one county of this state and the witnesses reside in another county, 
the clerk of the court before whom such will is offered shall have power and 
authority to issue a subpoena for the witnesses requiring them to appear before 
him and prove the will ; and the clerk shall likewise have power and authority 
to issue a commission to take the deposition of such witnesses when they reside 
more than seventy- five miles from the place where the will is to be probated, 
such deposition and commission to be returned and the clerk to adjudge the will 
to be duly proven. Also, when it shall be found as a fact upon affidavit or other 
proof, by the clerk of any county where a will is to be probated, that any witness 
to the will resides outside of the county, or inside of the county, and seventy-five 
miles or less from the place where the will is to be probated, and that the witness 
is so infirm of body as to be unable to appear in person before the clerk to prove 
the will, then the clerk shall have the power and authority to issue a commission 
to take the deposition of the witness, the commission and deposition of the witness 
to be returned, and the clerk to adjudge the will to be duly proved thereon as if the 
witness had appeared in person before him. 

Rev., s. 3132; 1899, c. 55; 1911, c. 13; 1923, c. 59. 

4151. Probate of wills of soldiers and sailors. In addition to the methods al- 
ready provided in existing statutes therefor, the will of a soldier or sailor, exe- 
cuted while in the actual service of the United States, shall be admitted to probate 
(whether there were subscribing witnesses thereto or not, if they, or either of 
them, is out of the state at the time said will is offered for probate) upon the 
oath of at least three credible witnesses that the signature to said will is in the 
handwriting of the person whose will it purports to be. Such will so proven shall 
be effective to devise real property as well as to bequeath personal estate of all 
kinds. This section shall not apply to cases pending in courts and at issue on 
the tenth day of March, one thousand nine hundred and nineteen. 

The provisions of this section shall expire by limitation on April sixth, one 
thousand nine hundred and twenty-two. 
1919, c. 216; Ex. Sess. 1921, c. 39. 

4156. Local: Validating probate of certain old wills. In all cases where wills 
and testaments were executed prior to the first day of January, one thousand 
eight hundred and ninety-nine, and which appears to have two or more subscrib- 
ing witnesses thereto, and such wills and testaments were admitted to probate in 
jurisdictions outside of North Carolina upon the proof of one witness, and such 

18 273 



4157(a) WILLS— Art. 4 Ch. 81 

wills, or exemplified copies thereof, were presented to the clerk of the superior 
court in any county in this state where the makers thereof owned property, and 
by such clerk recorded in the records of wills for his county, said wills and testa- 
ments, or exemplified copies thereof, so recorded, if otherwise sufficient, shall 
have the effect to pass the title to the real and personal property therein devised 
and bequeathed, to the same extent and as completely as if the execution of such 
wills had been proven by two subscribing witnesses thereto in the manner pro- 
Added by the laws of this state. And where such wills and testaments were duly 
admitted to probate in jurisdictions outside of North Carolina, upon proof of 
one witness, and in cases where parties interested desire to have them recorded 
in this state, where they have not already been so recorded, the clerk of the 
superior court of any county in North Carolina, when such wills or exemplified 
copies thereof are duly authenticated and presented to him by parties interested, 
shall receive and record the same; and if the same are otherwise sufficient such 
wills shall have the effect to pass the title to all real and personal property 
therein devised and bequeathed, to the same extent and as completely as if the 
execution of such wills had been proven by two subscribing witnesses thereto 
in the manner provided by the laws of this state. This section shall not have the 
effect to invalidate the title of any person owning any land embraced in the 
provisions of any such will which was valid prior to the tenth day of March, 
one thousand nine hundred and nineteen. This section shall not apply to suits 
pending on the tenth day of March, one thousand nine hundred and nineteen, 
and nothing herein shall be construed to prevent such wills from being impeached 
for fraud. This section shall only apply to Henderson, Transylvania, Wake and 
Cleveland counties. 

1919, c. 250; Ex. Sess. 1920, c. 63. 

4157(a). Validation of wills recorded without probate by subscribing wit- 
nesses; death of witnesses; loss of original wills. In all cases where wills and 
testaments were executed prior to the first day of January, one thousand eight 
hundred and seventy-five (1875), and which appear as recorded in the record of 
last wills and testaments to have had two (2) or more witnesses thereto, and such 
last wills and testaments were admitted to probate and recorded in the record of 
wills in the proper county in this state prior to the first day of January, one 
thousand eight hundred and eighty-eight (1888), without having been duly proven 
as provided by law, and such wills were presented to the clerk of the superior court 
in any county in this state where the makers of said wills owned property, and 
where the makers of such wills lived and died, and were by such clerks recorded 
in the record of wills for his county, said wills and testaments or exemplified 
copies thereof, so recorded, if otherwise sufficient, shall have the effect to pass the 
title to real or personal property, or both, therein devised and bequeathed, to the 
same extent and as completely as if the execution thereof had been duly proven 
by the two (2) subscribing witnesses thereto in the manner provided by law of 
this state. This section shall not apply to suits pending February 26, 1921, and 
nothing herein shall be construed to prevent such wills from being impeached 
for fraud, and this section shall not affect vested rights. 

1921, c. 66. 

274 



CHAPTER 82 

CRIMES AND PUNISHMENTS 

SUBCHAPTER 3. OFFENSES AGAINST THE ELECTIVE 

FRANCHISE 

Art. 6. Other Offenses Against the Elective Franchise 

4199(a). Assault on election officer a felony; punishment. Any person who 
assaults any registrar, judge, or other election officer, while in the discharge of 
his duties, in any general, special, or primary election in the state, shall be guilty 
of a felony, and upon conviction shall be punished by imprisonment in the state 
prison or be worked on the county roads for a period of not less than four months 
nor more than ten years. 

1921, c. 176, s. 1. 

4199(b). Intimidation of election officers a misdemeanor; punishment. If 

any person shall by threats, menaces, or in any other manner intimidate or attempt 
to intimidate any registrar, judge, or other election officer in the state in the dis- 
charge of the duties of his office, in any general, special, or primary election in 
the state, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined 
or imprisoned in the discretion of the court. 
1921, c. 176, s. 2. 

SUBCHAPTER 4. OFFENSES AGAINST THE PERSON 

Art. 8. Rape and Kindred Offenses 

4209. Obtaining carnal knowledge of virtuous girls between twelve and six- 
teen years old. If any male person shall carnally know or abuse any female child, 
over twelve and under sixteen years of age, who has never before had sextual inter- 
course with any person, he shall be guilty of a felony and shall be fined or im- 
prisoned in the discretion of the court; and any female person who shall carnally 
know any male child under the age of sixteen years shall be guilty of a misde- 
meanor and shall be fined or imprisoned in the discretion of the court : Provided, 
that if the offenders shall be married or shall thereafter marry, such marriage shall 
be a bar to further prosecution. 

Rev., s. 3348; 1895, c. 295; 1917, c. 29; 1923, c. 140, s. 1. 

4209(a). Jurisdiction of court. Offenders classed as delinquents. All per- 
sons charged with a violation of the preceding section under the age of sixteen 
years shall be subject to the jurisdiction of the juvenile court and such other courts 
as may hereafter exercise such jurisdiction, and shall be classed as deliquents and 
not as felons: Provided, that where the offenders agree to marry, the consent of 
the parent shall not be necessary: Provided further, that any male person con- 
victed of the violation of the preceding section who is under eighteen (18) years 
of age, shall be guilty of a misdemeanor only. 

1923, c. 140, s. 2. 

275 



4231 CEIMES AND PUNISHMENTS— Arts. 13-15 Cb. 82 

Art. 13. Libel and Slander 

4231. Derogatory statements about banks. Any person who shall willfully 
and maliciously make, circulate, or transmit to another or others any statement, 
rumor, or suggestion, written, printed, or by word of mouth, which is directly or 
by inference derogatory to the financial condition, or affects the solvency or finan- 
cial standing of any bank, or who shall counsel, aid, procure, or induce another to 
state, transmit, or circulate any such statement or rumor shall be guilty of a mis- 
demeanor, and upon conviction thereof shall be fined or imprisoned, or both, in the 
discretion of the court. 

1915, c. 273; 1921, c. 4, s. 82. 

Art. 13(A). Injuring Others by Use of High Explosives 

4231(a). Willful injury a felony; punishment. Any person who shall will- 
fully and maliciously injure or attempt to injure any person, or any building in 
actual use for residential or business purposes or customarily devoted to any such 
use or any contents thereof, by the use of nitroglycerine, dynamite, gunpowder, or 
other high explosive, shall be guilty of a felony, and on conviction shall be punished 
by imprisonment in the state prison for not less than five years and not more than 
thirty years. 

1923, c. 80, s. 1. 

4231(b). Conspiracy declared a felony; punishment. If any two or more 
persons shall conspire to willfully and maliciously injure any person, or any build- 
ing in actual use for residential or business purposes or customarily devoted to any 
such use or any contents thereof, by the use of nitroglycerine, dynamite, gunpowder, 
or other high explosive, each and every one so conspiring shall be guilty of a 
felony, and on conviction shall be punished by imprisonment in the state prison 
for not less than two years and not more than fifteen years. 

1923, c. 80, s. 2. 

SUBCHAPTER 5. OFFENSES AGAINST THE HABITATION 
AND OTHER BUILDINGS 

Art. 14. Burglary and Other House-breakings 

4237(a). Burglary with explosives. Any person who, with intent to commit 
crime, breaks and enters, either by day or by night, any building, whether in- 
habited or not, and opens or attempts to open any vault, safe, or other secure place 
by use of nitro-glycerine, dynamite, gunpowder, or any other explosive, or acety- 
lene torch, shall be deemed guilty of burglary with explosives. Any person con- 
victed under this section shall be punished as for burglary in the second degree, as 
provided in section forty-two hundred and thirty-three. 

1921, c. 5. 

Art. 15. Arson and Other Burnings 

4245(a). Willful and malicious burning of personal property. Any person 
who shall willfully or maliciously burn, or cause to be burned, or aid, counsel, or 

276 



4349(a) CHIMES AND PUNISHMENTS— Arts. 18, 22, 24 Ch. 82 

procure the burning of any goods, wares, merchandise, or other chattels or personal 
property of any kind, whether the same shall be at the time insured, by any per- 
son or corporation against loss or damage by fire, or not, with intent to injure 
or prejudice the insurer, creditor of the person owning the property, or any other 
person, whether the same be the property or such person or another, shall be guilty 
of felony. 
1921, c. 119. 

SUBCHAPTER 6. OFFENSES AGAINST PROPERTY 

Art. 18. Embezzlement 

4274(a). Appropriation of partnership funds by partner to personal use. 

Any person engaged in a partnership business in the state of North Carolina who 
shall, without the knowledge and consent of his copartner or copartners, take funds 
belonging to the partnership business and appropriate the same to his own personal 
use with the fraudulent intent of depriving his copartners of the use thereof, shall 
be guilty of a misdemeanor. Any person or persons violating the provisions of this 
section, upon conviction, shall be punished as is now done in cases of misdemeanor. 
1921, c. 127. 

SUBCHAPTER 7. CRIMINAL TRESPASS 

Art. 22. Trespasses to Land and Fixtures 

4330(a). Trespass on engines, locomotives or cars. It shall be unlawful for 
any person to ride, swing upon, or trespass in any way upon any locomotive, engine, 
derrick, loader, steam shovel, car, tram-car or any other rolling stock of any firm, 
corporation or individual, used or operated in the conduct of any manufacturing 
or transportation business, after verbal notice by the owner, manager or any person 
in charge thereof, except persons employed in the operation thereof, or duly au- 
thorized by the owner, manager or any person in charge of such engine, locomotive, 
car or other rolling stock ; and any one so offending will be guilty of a misdemeanor 
and fined not to exceed fifty dollars ($50.00) or imprisoned not to exceed thirty 
days : Provided, that this section shall not apply except to Swain county. 

1923, c. 213. 

SUBCHAPTER 8. OFFENSES AGAINST PUBLIC MORALITY 

AND DECENCY 

Art. 24. Offenses Against Public Morality and Decency 

4349(a). Exhibition of sacrilegious, obscene, or immoral pictures; posting 
of advertisements. If any,person, firm, or corporation shall, for the purpose 
of gain or otherwise, exhibit any obscene or immoral motion pictures ; or if any 
person, firm or corporation shall post any obscene or immoral placard, writings, 
pictures, or drawings on walls, fences, billboards, or other places, advertising the- 
atrical exhibitions or moving picture exhibitions or shows ; or if any person, firm, 

277 



4356(a) CRIMES AND PUNISHMENTS— Arts. 25, 29 Ch. 82 

or corporation shall permit such obscene or immoral exhibitions to be conducted in 
any tent, booth, or other place or building owned or controlled by said person, firm, 
or corporation, the person, firm, or corporation performing either one or all of the 
said acts shall be guilty of a misdemeanor, and punishable in the discretion of the 
court. For the purpose of enforcing this statute any spectator at the exhibition 
of an obscene or immoral moving picture may make the necessary affidavit upon 
which the warrant for said offense is issued. 
1921, c. 212. 

4356(a). Secretly peeping into room occupied by woman. Any person who 
shall peep secretly into any room occupied by a woman shall be guilty of a misde- 
meanor and upon conviction shall be fined or imprisoned in the discretion of the 
court. 

1923, c. 78. 

Art. 25. Prostitution 

4362. Punishment; probation; parole. Any person who shall be deemed 
guilty in the first degree, as set forth in the preceding section, shall be guilty of a 
misdemeanor, and may be fined or imprisoned in the discretion of the court, or may 
be committed to any penal or reformatory institution in this state : Provided, that 
in case of a commitment to a reformatory institution, the commitment shall be 
made for an indeterminate period of time of not less than one nor more than three 
years in duration, and the board of managers or directors of the reformatory in- 
stitution shall have authority to discharge or to place on parole any person so com- 
mitted after the service of the minimum term or any part thereof, and to require- 
the return to said institution for the balance of the maximum term of any person 
who shall violate the terms or conditions of the parole. 

Any person who shall be deemed guilty in the second degree, as set forth in the 
preceding section, shall be guilty of a misdemeanor, and shall be fined or im- 
prisoned at the discretion of the court : Provided, that the defendant may be 
placed on probation in the care of a probation officer designated by law, or thereto- 
fore appointed by the court. 

Probation or parole shall be granted or ordered in the case of a person infected 
with venereal disease only on such terms and conditions as shall insure medical 
treatment therefor and prevent the spread thereof, and the court may order any 
convicted defendant to be examined for venereal disease. 

No girl or woman who shall be convicted under this article shall be placed on 
probation or on parole in the care or charge of any person except a woman pro- 
bation officer. 

1919, c. 215, s. 5; 1921, c. 101. 

SUBCHAPTER 9. OFFENSES AGAINST PUBLIC JUSTICE 

Art. 29. Misconduct in Public Office 

4387. Making of false report by bank examiners; accepting bribes. If any 

bank examiner shall knowingly and willfully make any false or fraudulent report 
of the condition of any bank, which shall have been examined by him, with the 

278 



4410 CRIMES AND PUNISHMENTS— Arts. 30, 32 Ch. 82 

intent to aid or abet the officers, owners, or agents of such bank in continuing to 
operate an insolvent bank, or if any such examiner shall keep or accept any bribe 
or gratuity given for the purpose of inducing him not to file any report of exami- 
nation of any bank made by him, or shall neglect to make an examination of any 
bank by reason of having received or accepted any bribe or gratuity, he shall be 
guilty of a felony, and on conviction thereof shall be imprisoned in the state 
prison for not less than four months nor more than ten years. 
Rev., s. 3324; 1903, c. 275, s. 24; 1921, c. 4, s. 79. 

4389. Speculating in claims against towns, cities and the state. If any clerk, 
sheriff, register of deeds, county treasurer or other county, city, town or state 
officer shall engage in the purchasing of any county, city, town or state claim, 
including teacher's salary voucher, at a less price than its full and true value or at 
any rate of discount thereon, or be interested in any speculation on any such claim, 
he shall be guilty of a misdemeanor and shall be fined or imprisoned, and shall be 
liable to removal from office at the discretion of the court. 

Rev., s. 3575; Code, s. 1009; 1868-9, c. 260; 1923, c. 136, s. 208. 

Art. 30. Misconduct in Private Office 

4401. Malfeasance of bank officers and agents. "Whoever being an officer, 
employee, agent, or director of a bank, embezzles, abstracts, or willfully misapplies 
any of the money, funds, credit, or property of such bank, whether owned by it or 
held in trust, or willfully and fraudulently issues or puts forth a certificate of 
deposit, draws an order or bill of exchange, makes an acceptance, assigns a note, 
bond, draft, bill of exchange, mortgage, judgment, or decree, or makes a false 
statement or certificate as to a trust deposit or contract, for or under which such 
bank is acting as trustee, or makes a false entry in, or conceals the true and correct 
entry in a book, report, or statement of such bank, or who shall loan the funds 
or credit of any bank to any company or corporation known to be insolvent, or 
which has ceased to exist, or to any person upon the collateral security of any 
stocks or bonds of such company or corporation which is known to be insolvent, 
or which has ceased to exist, or which never had any existence, or fictitiously bor- 
rows or solicits, obtains or receives money for a bank not in good faith, intended to 
become the property of such bank, with intent to defraud or injure the bank or 
another person or corporation, or to deceive an officer of the bank or an agent ap- 
pointed to examine the affairs of such bank, or publishes a false report relating 
to the financial condition of the bank, with the intent to conceal its true financial 
condition, or to defraud or injure it or another person or corporation, shall be 
guilty of a felony, and upon conviction thereof shall be fined not more than ten 
thousand dollars, or imprisoned in the state prison not more than thirty years, 
or both. 

Rev., s. 3325; 1903, c. 275, s. 15; 1921, c. 4, s. 83. 

SUBCHAPTER 10. OFFENSES AGAINST THE PUBLIC PEACE 

Art. 32. Offenses Against the Public Peace 

4410. Carrying concealed weapons. If any one, except when on his own 
premises, shall carry concealed about his person any bowie-knife, dirk, dagger, 

279 



4410 CEIMES AND PUNISHMENTS— Art. 33 Oh. 82 

slungshot, loaded cane, brass, iron or metallic knuckles or razor or other deadly 
weapon of like kind, he shall be guilty of a misdemeanor, and shall be fined 
or imprisoned at the discretion of the court. If any one, except on his own 
premises, shall carry concealed about his person any pistol or gun, he shall be 
guilty of a misdemeanor and shall be fined not less than fifty dollars, except in 
Durham, Halifax, and Northampton counties, where the minimum fine shall be 
one hundred dollars, nor more than two hundred dollars, or imprisoned not less 
than thirty days nor more than two years, at the discretion of the court, [for the 
first offense, and for the second and subsequent offenses he shall be fined not less 
than two hundred dollars or more than five hundred dollars, or imprisoned for 
not less than four months or more than two years, at the discretion of the court, but 
that in the case of a first or subsequent offense the court shall have no power to 
suspend judgment upon the payment of costs. It shall be the duty of the prosecut- 
ing attorney in all cases' to ascertain whether or not the charge is the first, second 
or subsequent offense, and if it shall be the second or subsequent offense, it shall 
be so stated in the indictment returned, and the prosecuting attorney shall intro- 
duce the record evidence of said second or subsequent offense before the trial court.] 
Provided, that the portion of this section in brackets shall apply only to the coun- 
ties of Halifax and Northampton. Upon conviction or submission the deadly 
weapon with reference to which the defendant shall have been convicted shall be 
condemned and ordered confiscated and destroyed by the judge presiding at the 
trial. If any one, not being on his own lands, shall have about his person any 
such deadly weapon, such possession shall be prima facie evidence of the conceal- 
ment thereof. This section shall not apply to the following persons : officers and 
soldiers of the United States army, civil officers of the United States while in the 
discharge of their official duties, officers and soldiers of the militia and the state 
guard when called into actual service, officers of the state, or of any county, city 
or town, charged with the execution of the laws of the state, when acting in the 
discharge of their official duties. 
Rev., s. 3708; Code, s. 1005; 1917, c. 76; 1919, c. 197, s. 8; 1923, cc. 48, 57. 

SUBCHAPTER 11. OFFENSES AGAINST THE PUBLIC SAFETY 

Art. 33. Offenses Against the Public Safety 

4426(a). False fire alarms, giving. It shall be unlawful for any person or 
persons to wantonly and willfully give or cause to be given, or to advise, counsel, 
or aid and abet any one in giving a false alarm of fire, or to break the glass key 
protector, or to pull the slide, arm, or lever of any station or signal box of any 
municipal fire alarm system, except in case of fire, or in any way to willfully 
interfere with, damage, deface, molest, or injure any part or portion of the fire 
alarm system of any municipality. Any person violating any of the provisions of 
this section shall be guilty of a misdemeanor, and upon conviction shall be fined or 
imprisoned, or both, in the discretion of the court. 

1921, c. 46. 

4426(b). Local: Fireworks in Lee county. It shall be unlawful for any per- 
son or persons to discharge, or have discharged, or use for any purpose whatsoever, 

280 



4437(b) CRIMES AND PUNISHMENTS— Art. 34 Oh. 82 

fireworks in Lee county. It shall also be unlawful for any person or corporation 
to keep, store, sell, or offer for sale any form or style of fireworks in Lee county. 
The term "fireworks" as used in this section shall apply to and include all such 
articles, contrivances, and arrangements generally or commonly known as fire- 
works, and shall specially include sparklers and like methods of fire display and 
mechanical appliances of any kind made for the discharge of blank cartridges of 
any calibre or of torpedoes. The mayor or chief of police in any incorporated 
city or town in Lee county, and the sheriff, where there is no mayor or chief of 
police, is hereby given authority to confiscate and destroy any stock of fireworks 
found in violation of this section. Each day such fireworks are kept or stored in 
violation of this section shall constitute a separate offense. The penalty for the 
discharge of or the' causing to be discharged of any form of fireworks, or for the stor- 
ing or keeping, selling or offering for sale, any fireworks shall be fifty dollars, the 
same to be paid into the general school fund. 
1921, c. 84. 

4426(c). Leaving unused well, open and exposed. It shall be unlawful for 
any person, firm or corporation, after discontinuing the use of any well, to leave 
said well open and exposed; said well, after the use of same has been discon- 
tinued, shall be carefully and securely filled : Provided, that this shall not apply 
to wells on farms that are protected by curbing or board walls. Any person vio- 
lating any of the provisions of this section shall be guilty of a misdemeanor, 
and upon conviction shall be fined or imprisoned, in the discretion of the court. 

1923, c. 125. 

SUBCHAPTER 12. GENERAL POLICE REGULATIONS 

Art. 34. Lotteries and Gaming 

4437(a). Operation or possession of slot machine. Separate offenses. It 
shall be unlawful for any person, firm or corporation to operate, keep in his pos- 
session or in the possession of any other person, firm or corporation, for the pur- 
pose of being operated, any slot machine that shall not produce for or give to the 
person who places coin or money, or the representative of either, the same return 
in market value each and every time such machine is operated by placing money or 
coin or the representative of either therein. Each time said machine is operated 
as aforesaid shall constitute a separate offense. 

1923, c. 138, ss. 1, 2. 

4437(b). Punch-boards, vending machines, and other gambling devices. Sep- 
arate offenses. It shall be unlawful for any person, firm or corporation to 
operate or keep in his possession, or the possession of any other person, firm or 
corporation, for the purpose of being operated, any punch-board, machine for 
vending merchandise, or other gambling device, by whatsoever name known or 
called, that shall not produce for or give to the person operating, playing or pat- 
ronizing same, whether personally or through another, by paying money or other 
thing of value for the privilege of operating, playing or patronizing same, whether 
through himself or another, the same return in market value, each and every 

281 



4437(c) CRIMES AND PUNISHMENTS— Aets. 36, 38, 42 Ch. 82 

time such punch-board, machine for vending merchandise, or other gambling 
device, by whatsoever name known or called, is operated, played or patronized 
by paying money or other thing of value for the privilege thereof. Each time 
said punch-board, machine for vending merchandise, or other gambling device, 
by whatsoever name known or called, is operated, played, or patronized by the 
paying of money or other thing of value therefor, shall constitute a separate vio- 
lation of this section as to operation thereunder. 
1923, c. 138, ss. 3, 4. 

4437(c). Violation of two preceding sections a misdemeanor. A violation 
of any of the provisions of the two preceding sections shall be a misdemeanor 
punishable by a fine or imprisonment, or, in the discretion of the court, by both. 

1923, c. 138, s. 5. 

Art. 36. Protection of the Family 

4450. Failure of husband to provide adequate support for family. If any 

husband, while living with his wife, shall willfully neglect to provide adequate 
support of such wife or the children which he has begotten upon her, he shall 
be guilty of a misdemeanor. Upon conviction of any husband as herein provided, 
the court having jurisdiction thereof may in his discretion make such order as 
in his judgment will best provide for the support of such wife or children, and 
may commit the said husband to the common jail of the county, to be hired out 
by the county commissioners for such length of time as the court may deem 
proper, which said wage or salary shall be paid to the said wife or children, to be 
used toward their support. 

Rev., s. 3357; Code, s. 972; 1868-9, c. 209, s. 2; 1873-4, c. 176, s. 11; 1879, c. 92; 1921, 
c. 103. 

Art. 38. Public Drunkenness 

4457(a). Public drunkenness and disorderliness. It shall be unlawful for any 
person to be drunk and disorderly in any public place or on any public road or 
street in North Carolina; person or persons convicted of a violation hereof shall 
be guilty of a misdemeanor, and shall be fined not exceeding fifty dollars or im- 
prisoned not exceeding thirty days in the discretion of the court. 

1921, c. 211. 

Art. 42. Regulation of Landlord and Tenant 

4480. Local: Violation of certain contracts between landlord and tenant. If 
any tenant or cropper shall procure advances from his landlord to enable him to 
make a crop on the land rented by him, and then willfully abandon the same with- 
out good cause and before paying for such advances; or if any landlord shall 
contract with a tenant or cropper to furnish him advances to enable him to 
make a crop, and shall willfully fail or refuse, without good cause, to furnish 
such advances according to his agreement, he shall be guilty of a misdemeanor 
and shall be fined not exceeding fifty dollars or imprisoned not exceeding thirty 
days. Any person employing a tenant or cropper who has violated the provi- 
sions of this section, with knowledge of such violation, shall be liable to the land- 

282 



4499(b) CRIMES AND PUNISHMENTS— Art. 46(A) Ch. 82 

lord furnishing such advances for the amount thereof, and shall also he guilty 
of a misdemeanor, and fined not exceeding fifty dollars or imprisoned not ex- 
ceeding thirty days. This section shall apply to the following counties only : 
Wayne, Lenoir, Greene, Johnston, Jones, Onslow, Craven, Cleveland, Sampson, 
Pitt, Duplin, Gates, Cumberland, Perquimans, Chowan, Robeson, Bladen, Nash, 
Harnett, Edgecombe, Hertford, "Wilson, Rockingham, Pender, Currituck, Gaston, 
Northampton, Beaufort, Chatham, Tyrrell, Mecklenburg, Halifax, Caswell, Cam- 
den, Cabarrus, Columbus, Martin, Washington, Wake, Alexander, Montgomery, 
Pamlico, Rowan, Rutherford, Bertie, Warren, Lincoln and Lee. 

Rev., s. 3366; 1905, cc. 297, 383, 445, 820; 1907, c. 84, s. 1; 1907, c. 595, s. 1; 1907, cc. 8, 
639, 719, 869; Ex. Sess. 1920, c. 26. 

4481. Local: Tenant neglecting crop; landlord failing to make advances; har- 
boring or employing delinquent tenant. If any tenant or cropper shall procure 
advances from his landlord to enable him to make a crop on the land rented by 
him, and then willfully refuse to cultivate such crops or negligently or willfully 
abandon the same without good cause and before paying for such advances; or if 
any landlord who induces another to become tenant or cropper by agreeing to 
furnish him advances to enable him to make a crop, shall willfully fail or refuse 
without good cause to furnish such advances according to his agreement ; or if any 
person shall entice, persuade or procure any tenant, lessee or cropper, who has 
made a contract agreeing to cultivate the land of another, to abandon or to refuse 
or fail to cultivate such land, or after notice shall harbor or detain on his own 
premises, or on the premises of another, any such tenant, lessee or cropper, he 
shall be guilty of a misdemeanor and shall be fined not more than fifty dollars or 
imprisoned not more than thirty days. Any person who employs a tenant or 
cropper who has violated the provisions of this section, with knowledge of such 
violation, shall be liable to the landlord furnishing such advances for the amount 
thereof. This section shall apply only to the following counties : Wake, Hyde, 
Anson, Hertford, Sampson, Franklin, Union, Richmond, Moore, Lincoln, Rowan, 
Rutherford, Halifax, Rockingham, Lee, Granville and Person. 

Rev., s. 3367; 1905, c. 299, ss. 1-7; 1907, c. 84, s. 2: 1907, c. 23S, s. 1; 1907, c. 595, s. 2; 
1907, cc. 543, 810; Ex. Sess. 1920, cc. 20, 26; 1923, c. 32. 

Art. 46(A). Protection of the Game of Baseball 

4499(a). Bribery of baseball players, umpires, and officials. If any person 
shall bribe or offer to bribe, any baseball player with the intent to influence his 
play, action or conduct in any baseball game, or if any person shall bribe or offer 
to bribe any umpire of a baseball game, with intent to influence his decision or bias 
his opinion or judgment, in relation to any baseball game, or if any person shall 
bribe or offer to bribe any manager, or other official of a baseball club, league, or 
association by whatsoever named called conducting said game of baseball, such 
person shall be guilty of a felony, and, upon conviction, shall be punished by im- 
prisonment in the state penitentiary for not less than one nor more than five years. 

1921, c. 23, s. 1. 

4499(b). Acceptance of bribes by baseball players, umpires, or officials. If 
any baseball player shall accept, or agree to accept, a bribe offered for the purpose 

283 



4499(c) CRIMES AND PUNISHMENTS— Art. 46(A) Oh. 82 

of influencing his play, action or conduct in any baseball game, or if any umpire 
of a baseball game shall accept or agree to accept a bribe offered for the purpose 
of influencing bis decision or biasing his opinions, rulings or judgment, or if any 
manager of a baseball club, or club or league official sball accept or agree to 
accept any bribe offered for the purpose of inducing him to lose or cause to be lost 
any baseball game, as set forth in the preceding section of tbis act, such baseball 
player, manager, official, or umpire shall be guilty of a felony, and upon convic- 
tion, shall be punished by confinement in the state penitentiary for not less than 
one year nor more tban five years. 
1921, c. 23, s. 2. 

4499(c). Completion of offenses set out in two preceding sections. To com- 
plete the offenses mentioned in the two preceding sections, it sball not be necessary 
tbat the baseball player, manager, umpire, or official, sball, at the time, have been 
actually employed, selected, or appointed to perform tbeir respective duties; it 
shall be sufficient if the bribe be offered, accepted or agreed to with the view of 
the probable employment, selection or appointment of the person to whom the 
bribe is offered or by whom it is accepted. Neither sball it be necessary that sucb 
baseball player, umpire or manager actually play or participate in a game or games 
concerning which said bribe is offered or accepted ; it sball be sufficient if the bribe 
le given, offered, or accepted in A 7 iew of bis or their possibly participating therein. 

1921, c. 23, s. 3. 

4499(d). "Bribe" defined. By a "bribe" as used in this law, is meant any 
gift, emolument, money or thing of value, testimonial, privilege, appointment 
or personal advantage, or the promise of either, bestowed or promised for the 
purpose of influencing, directly or indirectly, any baseball player, manager, um- 
pire, club or league official, to see whicb game an admission fee may be charged, 
or in which game of baseball any player, manager or umpire is paid any compen- 
sation for bis services. Said bribe as defined in this law need not be direct ; 
it may be such as is hidden under the semblance of a sale, bet, wager, payment of 
a debt, or in any other manner designed to cover the true intention of the parties. 

1.921, c. 23, s. 4. 

4499(e). Intentional losing of baseball game or aiding therein. If any base- 
ball player, manager or club official shall commit any willful act of omission or 
commission in playing or directing the playing of a baseball game with intent to 
cause the ball club with which he is affiliated to lose a baseball game; or if any 
umpire officiating in a baseball game, or league official, shall commit any willful act 
connected with his official duties for the purpose and with the intent to cause 
a baseball club to win or lose a baseball game which it would not otherwise have 
won or lost under the rules governing the playing of said game, he or they shall be 
guilty of a felony, and upon conviction, shall be punished by imprisonment in the 
state penitentiary for not less than one nor more than five years. 

1921, c. 23, s. 5. 

4499(f). Bonus or extra compensation. Nothing in this article shall be con- 
strued to prohibit the giving or offering of any bonus or extra compensation to any 

284 



4511(b) CHIMES AND PUNISHMENTS— Art. 47 CL 82 

manager or baseball player by any person to encourage sucb manager or player to 
a bigher degree of skill, ability or diligence in tbe performance of bis duties. 
1921, c. 23, s. 7. 

4499(g). Application of article. Tbis article shall apply only to baseball 
league and club officials, umpires, managers and players wbo are officials of, or 
employed by, baseball clubs wbo are members of "Tbe National Association of 
Professional Baseball Leagues." 

1921, c. 23, a 7a. 

Art. 47. Miscellaneous Police Regulations 

4506(a). Operation of motor vehicle, by person under 16 years of age. Any 

person wbo, being tbe owner, or in charge of any motor vehicle, authorizes or 
knowingly permits a person under the age of sixteen years to operate such motor 
vehicle along any public street or public highway in the state of North Carolina 
shall be guilty of a misdemeanor, and shall be punished by a fine not in excess of 
the sum of fifty dollars ($50.00). The term "motor vehicle," as used in this sec- 
tion, shall be construed to mean those vehicles it is construed to mean in section 
two thousand five hundred and ninety-eight of the Consolidated Statutes. 
1923, c. 202. 

4510(a). Purchase of ginseng;, register to be kept; details. Every person, 
firm or corporation buying ginseng in any quantity shall keep a register, and shall 
keep therein a true and accurate record of each purchase, showing the amount 
of the ginseng, the name and residence of the person from whom purchased, the 
source from which obtained, and amount paid for tbe same and the date of the 
purchase. A failure to comply with tbe above requirements, or the making of a 
false entry in regard to the purchasing of such ginseng, shall be a misdemeanor, 
punishable in the discretion of tbe court. 

1923, c. 199. 

4511(a). Anonymous or threatening letters, mailing or transmitting. It shall 
be unlawful for any person, firm, or corporation, or any association of persons in 
this state, under, whatever name styled, to write and transmit any letter, note, or 
writing, whether written, printed, or drawn, without signing his, her, their, or its 
true name thereto, threatening any person or persons, firm or corporation, or 
officers thereof with any personal injury or violence or destruction of property of 
such individuals, firms, or corporations, or using therein any language or threats 
of any kind or nature calculated to intimidate or place in fear any such person, 
firms or corporations, or officers thereof, as to their personal safety or the safety 
of their property, or using vulgar or obscene language, or using such language 
which if published would bring such persons into public contempt and disgrace, 
and any person, firm, or corporation violating the provisions of this act shall be 
fined or imprisoned, or both, in the discretion of the court. 

1921, c. 112. 

4511(b). Commercialization of American Legion emblem; wearing by non- 
members. It shall be unlawful for any one not a member of the American Le- 

285 



4511(c) CRIMES AND PUNISHMENTS— Abt. 47 Ch. 82 

gion, an organization consisting of ex-members of the army, navy and marine 
corps, who served as members of such organizations in the recent world war, to 
wear upon his or her person the recognized emblem of the American Legion, or to 
use the said emblem for advertising purposes, or to commercialize the same in any 
way whatsoever; or to use the said emblem in display upon his or her property or 
place of business, or at any place whatsoever. Any one violating the provisions 
of this section shall be guilty of a misdemeanor and fined not more than fifty 
dollars ($50.00) or imprisoned not more than thirty days. 
1923, c. 89. 

4511(c). Hogs running at large prohibited in stated locality. All people 
who have hogs running at large on the beach between Nag's Head coast guard 
station and Oregon inlet are directed to take the same up and place them under 
fence or on the beach at some other place where running at large is permitted. It 
shall be unlawful for any hog to run at large on the beach between Nag's Head 
coast guard station and Oregon inlet. Any one violating this section shall be 
guilty of a misdemeanor. 

1923, c. 230. 



286 



CHAPTER 83 
CRIMINAL PROCEDURE 

Art. 11. Venue 

4606(a). Removal of indictment with consent of defendant. Pleas. When- 
ever an indictment, charging the commission of a capital of other felony, is re- 
turned a true bill, the judge holding the court in which such indictment is found 
shall have the power, with the written consent of the defendant or defendants 
charged in said bill, to remove such indictment for trial to some adjacent county 
prior to the arraignment or plea of the defendant or defendants in such indictment, 
without the presence in person of the defendant or defendants, and upon such 
removal the pleas of the defendant or defendants may be entered in such adjacent 
county. 

1921, c. 12, s. 1. 

4606(b). Jurisdiction of grand jury. Upon the removal of any indictment 
under section 4606(a), if it shall be found that there is any defect in such indict- 
ment, the grand jury of the county to which the same is removed for trial shall have 
as full and ample jurisdiction and power to find another indictment for the same 
offense as would the grand jury of the county from which the indictment was 
removed. 

1921, c. 12, s. 2. 

4606(c). Baseball games; bribery of players, intentional losing of games, etc. 

In all prosecutions under sections 4499(a) et seq., relating to the bribery of, and 
acceptance of bribes by, baseball players, umpires and officials, and the intentional 
losing of games, the venue may be laid in any county where the bribe was given, 
offered or accepted, or in which the baseball game was played in relation to which 
the bribe was offered, given or accepted, or the acts referred to in section 4499(e) 
committed. 
1921, c. 23, s. 6. 

Art. 13. Indictment 

4622. Separate counts;, consolidation. When there are several charges against 
any person for the same act or transaction or for two or more acts or trans- 
actions connected together, or for two or more transactions of the same class of 
crimes or offenses, which may be properly joined, instead of several indictments, 
the whole may be joined in one indictment in separate counts ; and if two or 
more indictments are found in such cases, the court will order them to be con- 
solidated : Provided, that in such consolidating cases the defendant shall be 
taxed the solicitor's full fee for the first count, and a half fee for only one subse- 
quent count upon which conviction is had or plea of guilty entered : Provided, this 
section shall not be construed to reduce the punishment or penalty for such offense 
or offenses. 

1917, c. 168; 1921, c. 100. 

287 



CHAPTER 84 
AGRICULTURE 

Art. 1. Department of Agriculture 

Part 1. Board of Agriculture 

4669. Meetings of board. The board shall meet for the transaction of busi- 
ness in the city of Raleigh twice a year, and oftener if called by the commissioner 
of agriculture, one of which meetings shall be on the second Wednesday in De- 
cember. 

Rev., s. 3935; 1901, c. 479, s. 3; 1921, c. 24. 

Part 6. Cooperation Between Department and United States Department of 
Agriculture, and County Commissioners 

4689(a). Cooperation in gathering information. Blanks for statistics. The 

commissioner of agriculture is authorized to conduct cooperative work with the 
United States department of agriculture and the county commissioners in gather- 
ing and disseminating information concerning agriculture. It shall be the duty 
of the said commissioner and the agricultural statistician to prepare and supply to 
the several tax-listers of the state the necessary printed forms and papers which 
are necessary in gathering of such agricultural statistics as the said commissioner 
of agriculture may require, and to issue them to the various tax-listers of the state 
through the county auditor or register of deeds. 
1921, c. 201, s. 1. 

4689(b). Instructions to tax-listers as to securing information. Notice. The 

county auditor or register of deeds shall include in his instructions to the tax-listers 
information for the securing of such statistical information. He shall give notice 
in all county newspapers, and in the advertisements for listing of taxes that each 
farmer shall be prepared to report the acreage of each crop grown to the tax-lister. 
1921, c. 201, s. 2. 

4689(c). Tax-listers' duties. The tax-listers shall proceed to gather such 
statistics as the said commissioner of agriculture and the agricultural statistician 
may require, and the forms and reports, when so completed, shall be returned to 
the department of agriculture on or before the third day of June and of July 
next ensuing. 

1921, c. 201, s. 3. 

4689(d). Failure to perform duties a misdemeanor; punishment. The fail- 
ure to properly perform any of the duties herein set forth shall be a misdemeanor, 
and subject to the penalties prescribed for such by law. 

1921, c. 201, s. 4. 

288 



4690 AGKICULTUKE— Akt. 2 ( !h. 84 



Art. 2. Commercial Fertilizers 

4690. Packages to be branded with specified particulars; copy to be filed. All 

persons, companies, manufacturers, dealers, or agents, before selling or offering 
for sale in this state any commercial fertilizer or fertilizer material, shall brand or 
attach to each bag, barrel, or package the brand name of the fertilizer, the weight 
of the package, the name and address of the manufacturer, and the guaranteed 
analysis of the fertilizer, giving the valuable constituents of the fertilizer in 
minimum percentages only, and also the sources of nitrogen or ammonia and 
potash : Provided, that the materials supplying nitrogen or ammonia shall be 
divided into two classes, namely, mineral and organic; and the percentage of 
nitrogen or ammonia coming from either of these classes shall be guaranteed, 
but allowing a variability of one-fourth of one per cent for goods containing two 
per cent of ammonia or under, and a variability of one-third of one per cent for 
goods containing two to three per cent ammonia, and a variability of one-half of 
one per cent for goods containing over three per cent ammonia ; and the several 
materials in each of these two classes shall be named on the bag or on a tag at- 
tached thereto, and it shall be permissible for the manufacturer to substitute 
one or more materials in either class of approximately equal agricultural value 
for another material of the same class : Provided further, that where there is a 
contract or agreement between a manufacturer and a purchaser of fertilizer that 
the fertilizer will be manufactured by the use of certain definite sources and 
amounts of ammonia and potash, the fertilizer must be manufactured from these 
materials without the substitution of other materials, and failure on the part 
of the manufacturer to comply with this requirement shall render such manu- 
facturer liable to the purchaser for damages as is now prescribed by law, and in 
addition thereto the manufacturer shall pay to the purchaser a penalty equal to 
one-fourth of the purchase price of such fertilizer. These items shall be branded 
or printed on the bag or package in the following order : 

1. Weight of each package in pounds. 

2. Brand name or trade-mark. 

3. Guaranteed analysis. 

4. Available phosphoric acid, per cent. 

5. Nitrogen (or equivalent in ammonia), per cent. 

6. Potash, per cent. 

7. Name and address of the manufacturer. 

8. A plainly printed tag, or brand, or print on percentage of water- 

soluble nitrogen. 

9. Where potash is claimed as sulphate it must be derived from 

high-grade commercial sulphate of potash. 

In bone-meal, tankage, or other products, where the phosphoric acid is not 
available to laboratory methods, but becomes available on the decomposition of 
the products in the soil, the phosphoric acid shall be claimed as total phosphoric 
acid, unless it be desired to claim available phosphoric acid also, in which latter 
case the guarantee must take the form above set forth. In the case of bone-meal 
and tankage, manufacturers may brand on the bags information showing the 

19 289 



4781 AGRICULTURE— Arts. 9, 12 Ch. 84 

fineness of the product, provided it takes a form approved by the department 
of agriculture. A copy of the brand or stamp on the bag or other package, or 
on the label attached thereto (all of which must comply with the above require- 
ments), shall be filed with the department of agriculture on or before delivery 
of such fertilizer to dealers, agents, and consumers in this state, which brand 
or stamp shall be uniformly used during the fiscal year for which tags have been 
issued. Such brand, label, or stamp shall truly set forth the data required above. 
1917, c. 143, s. 1; 1923, c. 182. 

Art. 9. Marketing and Branding Farm Products 

4781. Establishment of standard packages, etc., authorized. The purpose 
of this article is to give authority to investigate marketing conditions and to 
establish and maintain standard grades and packages and state brands for farm 
and horticultural crops and animal products. The term "farm products" as 
used hereafter in this article shall be construed to mean any or all of the crops or 
products named above in this section. 

1919, c. 325, s. 1; 1921, c. 140. 

Art. 12. Seed Inspection 

4812. Packages to be labeled with specified particulars. Every parcel, pack- 
age, or lot of agricultural seeds, as defined in the last preceding section, offered 
or exposed for sale in this state, for use within the state, shall have affixed 
thereto, in a conspicuous place on the outside thereof, distinctly printed in the 
English language in legible type, a tag showing : 

(a) The commonly accepted name of such agricultural seed. 

(b) The approximate per cent by weight of purity, meaning the freedom of 
such agricultural seeds from inert matter and from other seeds distinguishable 
by their appearance. 

(c) The approximate per cent by weight of weed seeds and other agricultural 
seeds designated in sections four and five of this act. 

(d) The approximate per cent of viability, together with the month and year 
said seeds were tested for viability. 

(e) In case of seeds produced within the United States the state in which said 
seeds were grown must be shown on the tag: Provided, that seed mixtures shall 
not be subject to this provision. 

(/) The full name and address of the seedsman, importer, dealer, or other 
person or persons, firms or corporations, selling, offering or exposing for sale or 
distribution such agricultural seeds in this state for seeding purposes. 
19] 7, c. 241, s. 2; 1921, c. 235, s. 1. 

4819. Standard of purity; test. No standard of purity shall be maintained 
for vegetable seeds, but each packet or package must show on the tag or label the 
exact nature of its contents. 

1917, c. 241, g. 9; 1921, c. 235, s. 2. 

4829. State to test seed for citizens; fee. Any citizen, firm, or corporation 
of this state shall have the privilege of having samples of his seeds tested free 

290 



4831 AGRICULTURE— Art. 12 Ch. 84 

of charge in the state seed laboratories; while individuals, firms, and corpora- 
tions outside the state shall have a like privilege on payment of a fee of twenty- 
five (25) cents for each purity test and twenty-five (25) cents for each germina- 
tion test. 

1917, c. 241, s. 16; 1921, c.235, s. 3. 

4830. License tax for sale of seed. For the purpose of providing a fund to 
defray the expenses of the examination and analysis prescribed in this article, 
each person, firm, or corporation selling or offering for sale in or for export 
from this state any seed as mentioned in this article shall register with the de- 
partment of agriculture the name of the person, firm, or corporation offering 
the seed for sale, and shall pay a license tax annually, on January first of each 
year, of twenty-five dollars. The commissioner's receipt for such money shall 
be license to conduct the business, and said person, firm, or corporation paying 
such tax shall not be required to pay any further tax under this article : Pro- 
vided, that every parcel or package of agricultural and vegetable seeds, as defined 
in this article, delivered to any farmer of this state for seeding purposes, and 
weighing ten (10) pounds or more, sold by any person, firm, or corporation whose 
business residence is either inside or outside the state, shall have affixed thereto a 
copy of the tag as designated in section 4819; said tag to be purchased from the 
commissioner of agriculture ; and the purchaser of said tag to be subject to the 
penalties outlined in section 4825 for the use of the same tag a second time: 
Provided further, that tags of the previous year may be given in exchange for 
tags of the current year. 

1917, c. 241, s. 17; 1921, c. 235, s. 4. 

483 L Standards for seed established. The following standards of purity and 
viability are hereby fixed : Seeds measuring up to the required standard may 
be labeled and sold as "standard seeds," but seeds falling below the required stand- 
ards of purity and viability may be sold in this state only provided they are prop- 
erly tagged and labeled as required in sections 4812, 4815, and 4830. 

Standards of Purity and Viability 

Per cent Per cent 
Name of seed purity germination 

Alfalfa _ 98 80 

Asparagus .... 80 

Barley 98 90 

Bluegrass, Kentucky 80 45 

Bluegrass, Canadian 90 45 

Buckwheat 99 90 

Brome grass 90 75 

Cabbage 90 

Carrot. 80 

Cauliflower 80 

Celery .... 60 

Clover, Alsike 95 80 

291 



4831 AGEICULTUEE— Art. 15 Ch. 84 

Per cent Per cent 
Name of seed purity germination 

Clover, Crimson 98 90 

Clover, Ked 98 80 

Clover, White 95 80 

Collard _.. '. 80 

Corn, Field 95 

Corn, Sweet 90 

Cotton 90 

Cowpea .... 90 

Cucumber .... 90 

Egg plant 80 

Fescue, Meadow 95 85 . 

Kafir corn 98 90 

Lettuce 90 

Melon, Musk 90 

Melon, Water 90 

Millett, Pearl 98 90 

Millett, Common 96 85 

Oats 99 90 

Okra 85 

Onion .... 85 

Oat grass 72 70 

Orchard grass 70 70 

Rape 99 90 

Rye 99 95 

Rye grass, perennial : 96 90 

Rye grass, Italian 95 80 

Sorghum 96 80 

Sudan grass 96 75 

Spinach .... 85 

Squash .' ..-. 90 

Timothy 98 90 

Tomato 90 

Turnip 90 

Tobacco 80 

Vetch 98 . 70 

Wheat 99 95 

Provided, that nothing in this article shall be construed to require a farmer 
selling seeds raised by himself to comply with the provisions hereof. 
1921, c. 235, s. 5. 

Art. 15. Animal, Diseases 

Part 3. Hog Cholera 

4880. Provision for serum plant. The North Carolina state board of agri- 
culture shall have the use and control of the whole of the tract of land owned 

292 



4895 (d) AGEICULTUEE— Art. 15 Ch. 84 

by the state which land was purchased from W. A. Myatt and wife and conveyed by 
them to the state, May third, one thousand eight hundred and eighty-nine, and 
contains seventy-eight acres, more or less, adjoining the city farm of the city of 
Raleigh. The board of agriculture shall use said land for the raising, feeding and 
caring of hogs, the manufacture of hog cholera serum, and for conducting experi- 
ments in hog production and other livestock, or crop work, as it may find desirable. 
The hog cholera serum so manufactured is to be distributed by the state veteri- 
narian at cost to the people of the state applying for the same. To this end the 
said board of agriculture is authorized to erect and equip all such buildings and 
appliances as may be necessary for the purposes for which it is to use said land. 
1913, c. 161, s. 1; 1923, c. 224, s. 2. 

Part J{. Compensation for Killing Diseased Animals 

4895. Appropriation to pay indemnities. A sum not to exceed twenty thou- 
sand dollars annually is hereby appropriated to pay the indemnities as provided 
for in this article out of funds not otherwise appropriated. This appropriation 
shall apply to the fiscal year ending June thirtieth, one thousand nine hundred 
and twenty-three, and every year thereafter. 

1919, c. 62, s. 14; 1923, c. 221. 

Part 5. Tuberculosis 

4895 (a) . Animals reacting to tuberculin test. All animals reacting to a tuber- 
culin test applied by a qualified veterinarian shall be known as a reactor and be 
forever considered as affected with tuberculosis. 

1921, c. 177, s. 1. 

4895(b). Animals to be branded. All veterinarians who, either by clinical 
examination or by tuberculin test, find an animal affected with tuberculosis, shall, 
unless the animal is immediately slaughtered, properly brand said animal for 
identification on the left jaw with the letter "T," not less than two inches high, 
and promptly report the same to the state veterinarian. 

1921, c. 177, s. 2. 

4895(c). Quarantine. Removal or sale. Sale and use of milk. The owner 
or owners of an animal affected with tuberculosis shall keep said animal isolated 
and quarantined in such a manner as to prevent the spread of the disease to other 
animals or man. Said animals must not be moved from the place where quaran- 
tined or sold, or otherwise disposed of except upon permission of the state veteri- 
narian, and then only in accordance with his instructions. The milk from said 
animals must not be sold, and if used shall be first boiled or properly pasteurized. 

1921, c. 177, s. 3. 

4895(d). Seller liable in civil action. Any person or persons who sells or 
otherwise disposes of to another an animal affected with tuberculosis shall be 
liable in a civil action to any person injured, and for any and all damages re- 
sulting therefrom. 

1921, c. 177, s. 4. 

293 



4895(e) AGRICULTUKE— Art. 15 Ch. 84 

4895(e). Responsibility of owner of premises where sale is made. When 

cattle are sold or otherwise disposed of in this state by a nonresident of this state, 
the person or persons on whose premises the cattle are sold or otherwise disposed of 
with his knowledge and consent shall be equally responsible for violation of this 
law and the regulations of the department of agriculture. 
1921, c. 177, s. 5. 

4895(f). Sale of tuberculin. No person, firm, or corporation shall sell or 
distribute or administer tuberculin, or keep the same on hand for sale, distribu- 
tion, or administration, except qualified veterinarians, licensed physicians, or li- 
censed druggists, or others lawfully engaged in the sale of biological products. 

1921, c. 177, s. 6. 

4895(g). Notice to owner of suspected animals. Quarantine. When the 
state veterinarian receives information, or has reason to believe that tuberculosis 
exists in any animal or animals, he shall promptly notify the owner or owners, 
and recommend that a tuberculin test be applied to said animals, that diseased 
animals shall be properly disposed of, and the premises disinfected under the 
supervision of the state veterinarian, or his authorized representative. Should the 
owner or owners fail or refuse to comply with the said recommendations of the 
state veterinarian within ten days after said notice, then the state veterinarian 
shall quarantine said animals on the premises of the owner or owners. Said ani- 
mals shall not be removed from the premises where quarantined and milk or other 
dairy products from same shall not be sold or otherwise disposed of. Said quar- 
antine shall remain in effect until the said recommendations of the state veterina- 
rian have been complied with, and the quarantine canceled by the state veterina- 
rian. 

1921, c. 177, s. 7. 

4895(h). Appropriations by counties. Elections. The several boards of 
county commissioners in the state are hereby expressly authorized and empowered 
to make such appropriations from the general funds of their county as will enable 
them to cooperate effectively with the state and federal departments of agriculture 
in the eradication of tuberculosis in their respective counties: Provided, that if 
in ten days after said appropriation is voted, one-fifth of the qualified voters of the 
county petition the board of commissioners to submit the question of tuberculosis 
eradication or no tuberculosis eradication to the voters of the county, said com- 
missioners shall submit such questions to said voters. Said election shall be held 
and conducted under the rules and regulations provided for holding stock-law 
elections in sections one thousand eight hundred and forty-two, one thousand 
eight hundred and forty-six, and one thousand eight hundred and forty-seven. 
If at any such election a majority of the votes cast shall be in favor of said tuber- 
culosis eradication, the said board shall record the result of the election upon its 
minutes, and cooperative tuberculosis eradication shall be taken up with the state 
and federal departments of agriculture. If, however, a majority of the votes cast 
shall be adverse, then said board shall make no appropriation. 

1921, c. 177, s. 8. 

294 



4895 (o) AGRICULTURE— Art. 15 Ch. 84 

4895 (i). Petition for election if commissioners refuse cooperation; order; 
effect. If the board of commissioners of any county should exercise their dis- 
cretion and refuse to cooperate as set out in section 4895(h), then if a petition is 
presented to said board by one-fifth of the qualified voters of the county re- 
questing that an election be held as provided in section 4895(h) to determine the 
question of tuberculosis eradication in the county, the board of commissioners 
shall order said election to be held in the Way provided in section 4895(h), and 
if a majority of the votes cast at such election shall be in favor of tuberculosis 
eradication, then said board shall cooperate with the state and federal govern- 
ments as herein provided. 

1921, c. 177, s. 9. 

4895 (j). Importation of cattle. Whenever a county board shall cooperate 
with the state and federal governments, whether with or without an electioTi, no 
cattle except for immediate slaughter shall be brought into the county unless ac- 
companied by a tuberculin test chart and health certificate issue by a qualified 
veterinarian. 

1921, c. 177, s. 10. 

4895 (k). Amount of appropriation. When cooperative tuberculosis eradi- 
cation shall be taken up in any county as provided for in this law, the county 
commissioners of such counties shall appropriate from the general sounty fund 
an amount sufficient to defray one-half of the expense of said cooperative tuber- 
culosis eradication. 

1921, c. 177, s. 11. 

4895(1). Qualified veterinarian. The words "qualified veterinarian" which 
appear in this law shall be construed to mean a veterinarian approved by the 
state veterinarian and the chief of the United States bureau of animal industry 
for the tuberculin testing of cattle intended for interstate shipment. 

1921, c. 177, s. 12. 

4895 (m). Rules and regulations. The commissioner of agriculture, by and 
with the consent of the state board of agriculture, shall have full power to pro- 
mulgate and enforce such rules and regulations as may be necessary to control 
and eradicate tuberculosis. 

1921, c. 177, s. 13. 

4895 (n). Violation of law a misdemeanor. Any person or persons who shall 
violate any provision set forth in this law, or any rule or regulation duly established 
by the state board of agriculture or any officer or inspector who shall willfully 
fail to comply with any provisions of this law, shall be guilty of a misdemeanor. 

1921, c. 177, s. 14. 

4895 (o). Sale of affected animals a felony. Any person or persons who shall 
willfully and knowingly sell or otherwise dispose of any animal or animals known 
to be affected with tuberculosis without permission as provided for in section 
4895(c) shall be guilty of a felony, and punishable by imprisonment of not less 
than one year or not more than five years in the state prison. 

1921, c. 177, s. 15. 

295 



4895(p) AGRICULTURE— Art. 15 Ch. 84 

Part 6. Cattle Tick 

4895 (p). Systematic dipping of cattle or horses. Systematic dipping of all 
cattle or horses infested with or exposed to the cattle tick, (Margaropus annula- 
tus) shall be taken up in all counties or portions of counties that shall at anytime 
be found partially or completely infested with the cattle tick (Margaropus annu- 
laris) under the direction of the state veterinarian acting under the authority as 
hereinafter provided in this law and as provided in all other laws and parts of laws 
of North Carolina and the livestock sanitary laws and regulations of the state 
board of agriculture not in conflict with this law. 

1923, c. 146, s. 1. 

4895 (q). Quarantine zones. For the purpose of this law and to efficiently 
conduct systematic tick eradication in cooperation with the United States de- 
partment of agriculture, in the area under quarantine on account of the cattle 
tick (Margaropus annulatus) said area shall be divided into three zones, as fol- 
lows : Zone one shall embrace the counties of Bertie, Hertford, Gates, Perquimans, 
Camden and Currituck; zone two, the counties of Martin, Washington, Tyrrell, 
Dare, Beaufort and Hyde ; and zone three, the counties of Craven, Pamlico, Jones, 
Carteret, Onslow, Brunswick and Columbus. The work of systematic tick eradi- 
cation shall be taken up in zone one on March first, nineteen hundred and twenty- 
three ; in zone two on January first, nineteen hundred twenty-four, and in 
zone three on January first, nineteen hundred and twenty-five, as herein provided : 
Provided, that the state veterinarian may, upon the written request of the board 
of county commissioners of any county in said zones two and three, take up the 
work of systematic tick eradication in said counties at an earlier date than herein 
provided. When the work is so taken up it shall be conducted to completion as 
hereinafter provided. 

1923, c. 146, s. 2. 

4895 (r). Counties not embraced in quarantine zones. If it shall be deter- 
mined by the state veterinarian or an authorized quarantine inspector, that any 
county or counties not embraced in said zones one, two and three shall be par- 
tially or completely infested with the cattle tick (Margaropus annulatus), the 
county commissioners of said counties which are partially or completely infested 
with the cattle tick (Margaropus annulatus) shall immediately take up the work 
of systematic tick eradication as hereafter provided and continue same until the 
cattle tick (Margaropus annulatus) is comjdetely eradicated and notice in writing 
of same is given by the state veterinarian. 

1923, c. 146, s. 3. 

4895 (s). Dipping vats; counties to provide;, cost. The county commissioners 
of the aforesaid counties shall provide such numbers of dipping vats as may be fixed 
by the state veterinarian or his authorized representative, and provide the proper 
chemicals and other materials necessary to be used in the work of systematic tick 
eradication in such counties, which shall begin on said dates and continue until the 
cattle tick (Margaropus annulatus) is completely eradicated and notice in writing 
of same is given by the state veterinarian. The cost of said vats and chemicals, 

296 



4895 (x) AGRICULTURE— Akt. 15 Ch. 84 

or any other expense incurred in carrying out the provisions of this law, except 
sections 4895(t) and 4895(x), shall be paid out of the general county fund. 
1923, c. 146, s. 4. 

4895 (t). Local state inspectors; commissioning as quarantine inspectors; 
salaries, etc. The state veterinarian shall appoint the necessary number of 
local state inspectors to assist in systematic tick eradication, who shall be commis- 
sioned by the commissioner of agriculture as quarantine inspectors. The salaries 
of said inspectors shall be fixed by the state veterinarian and shall be sufficient to 
insure the employment of competent men. If the services of any of said inspectors 
is not satisfactory to the state veterinarian, his services shall be immediately dis- 
continued and his commission canceled. For the purpose of paying the salaries 
of said state inspectors, a sum not to exceed fifty thousand dollars ($50,000.00) 
annually is hereby appropriated. 
1923, c. 146, s. 5. 

4895 (u). Enforcement of compliance with law. If the county commissioners 
shall fail, refuse or neglect to comply with the provisions of this law, the state 
veterinarian shall apply to any court of competent jurisdiction for a writ of 
mandamus, or shall institute such other proceedings as may be necessary and 
proper to compel such county commissioners to comply with the provisions of this 
law. 

1923, c. 146, s. 6. 

4895 (v). Owners of stock to have same dipped; supervision of dipping; 
dipping period. Any person or persons, firms or corporations, owning or hav- 
ing in charge any cattle, horses or mules in any county where tick eradication 
shall be taken up, or is in progress under existing laws, shall, on notification by 
any quarantine inspector to do so, have such cattle, horses or mules dipped regu- 
larly every fourteen days in a vat properly charged with arsenical solution as 
recommended by the United States bureau of animal industry, under the super- 
vision of said inspector at such time and place and in such manner as may be 
designated by the quarantine inspector. The dipping period shall be continued 
as long as may be required by the rules and regulations of the state board of agri- 
culture, which shall be sufficient in number and length of time to completely 
destroy and eradicate all cattle ticks (Margaropus annulatus) in such county 
or counties. 

1923, c. 146, s. 7. 

4895 (w) . Service of notice. Quarantine and dipping notice for cattle, horses 
and mules, the owner or owners of which cannot be found, shall be served by 
posting copy of such notice in not less than three public places within the county, 
one of which shall be placed at the county courthouse. Such posting shall be 
due and legal notice. 

1923, c. 146, s. 8. 

4895 (x). Cattle placed in quarantine; dipping at expense of owner. Cattle, 
horses or mules infested with or exposed to the cattle tick (Margaropus annulatus) 
the owner or owners of which, after five days written notice from a quarantine 

297 



4895 (y) AGEICULTUEE— Art. 15 Ch. 84 

inspector of such animals as are provided for in section 4895 (w), shall fail or 
refuse to dip such animals regularly every fourteen days in a vat properly charged 
with arsenical solution, as recommended by the United State bureau of animal 
industry, under the supervision of a quarantine inspector, shall be placed in 
quarantine, dipped and cared for at the expense of the owner or owners, by the 
quarantine inspector. 
1923, c. 146, s. 9. 

4895 (y). Expense of dipping as lien on animals; enforcement of lien. Any 

expense incurred in the enforcement of the preceding section and the cost of 
feeding and caring for animals while undergoing the process of tick eradication 
shall constitute a lien upon any animal, and should the owner or owners fail or 
refuse to pay said expense, after three days notice, they shall be sold by the sheriff 
of the county after twenty days advertising at the courthouse door and three other 
public places in the immediate neighborhood of the place at which the animal 
was taken up for the purpose of tick eradication. The said advertisement shall 
state therein the time and place of sale, which place shall be where the animal is 
confined. The sale shall be at public auction and to the highest bidder for cash. 
Out of the proceeds of the sale the sheriff shall pay the cost of publishing the 
notices of the tick eradication process, including dipping, cost of feeding and 
caring for the animals and cost of the sale, which shall include one dollar and 
fifty cents in the case of each sale to said sheriff. The surplus, if any, shall be 
paid to the owner of the animal if he can be ascertained. If he cannot be 
ascertained within thirty days after such sale, then the sheriff shall pay such 
surplus to the county treasurer for the benefit of the public school fund of the 
county: Provided, however, that if the owner of the animal shall, within twelve 
months after the fund is turned over to the county treasurer, as aforesaid, prove 
to the satisfaction of the board of county commissioners of the county that he was 
the owner of such animal, then, upon the order of said board, such surplus shall be 
refunded to the owner. 
1923, c. 146, s. 10. 

4895 (z). Duty of sheriff. It shall be the duty of the sheriff, in any county 
in which the work of tick eradication is in progress, to render all quarantine in- 
spectors any assistance necessary in the enforcement of this law and the regula- 
tions of the North Carolina department of agriculture. If the sheriff of any 
county shall neglect, fail or refuse to render this assistance when so required, 
he shall be guilty of a misdemeanor and be punishable at the discretion of the 
court. 

1923, c. 146, s. 11. 

4895 (aa). Rules and regulations. The commissioner of agriculture, by and 
with the consent of the state board of agriculture, shall have full power to promul- 
gate and enforce such rules and regulations that may hereafter be necessary to 
complete tick eradication in North Carolina. 

1923, c. 146, s. 12. 

4895 (bb). Violation of law or rules and regulations as misdemeanor. Any 

person, firm or corporation who shall Adolate any provisions set forth in this law or 

298 



±900 (c) AGRICULTURE— Art. 10 Ch. 84 

any rule or regulation duly established by tbe state board of agriculture, or any 
officer or inspector who shall willfully fail to comply with any provision of this law 
shall be guilty of a misdemeanor. 
1923, c. 146, s. 13. 

4895 (cc). Damaging dipping vats a felony. Any person or persons who 
shall willfully damage or destroy by any means any vat erected, or in the process 
of being erected, as provided for tick eradication, shall be guilty of a felony and 
upon conviction shall be imprisoned not less than two years nor more than ten 
years in the state prison. 

1023, c. 146, s. 14. 

4895 (dd). Effect of law on offenses committed prior to enactment. All laws 
and parts of laws in conflict with this law are continued in force so far as they 
affect the state offenses committed prior to March 3, 1923, and for no other pur- 
pose. Subject to provisions hereinbefore set out in this section, all laws and parts 
of laws in conflict with this law are hereby repealed. 

1923, c. 146, s. 15. 

Aet. 10. Crop Pests 

4900(a). Purchase of calcium arsenate for poisoning boll weevil. The state 
commissioner of agriculture is authorized to purchase in the open markets, upon 
the best terms and prices obtainable, such amounts of calcium arsenate as in his 
judgment will be needed for use by the farmers of this state in poisoning the cotton 
boll weevil, and to store the same in state warehouses in the various towns and com- 
munities of the state in such quantities as in his judgment will be needed. 

1923, c. 194, s. 1. 

4900(b). Sales of calcium arsenate. The commissioner of agriculture is 
authorized, either by himself or his agents, to sell for cash to the farmers of 
jSTorth Carolina the said calcium arsenate. 

1923, c. 194, s. 2. 

4900(c). Purpose of preceding sections; resale at profit. It is the avowed 
purpose of the two preceding sections that the calcium arsenate provided for 
herein is to be sold and delivered directly to the farmers of this state, at actual 
cost plus the actual cost of handling, and is not to be handled for speculative 
purposes, nor sold to dealers for resale at a profit ; and any person or persons who 
shall purchase from the state commissioner of agriculture calcium arsenate and 
resell the same at a greater price than actual cost shall be guilty of a misdemeanor, 
and upon conviction be punished by fine or imprisonment at the discretion 
of the court. The commissioner of agriculture is hereby authorized to use any 
funds not otherwise appropriated in putting into effect the provisions of this law, 
which shall only be in force for the years one thousand nine hundred and twenty- 
three and one thousand nine hundred and twenty-four. 

1923, c. 194, ss. 3, 4. 



299 



4925(a) AGRICULTURE— Art. 18 i Ch. 84 



Art. 18. Marketing Cotton 

4925(a). Purpose of law. In order to protect the financial interests of 
North Carolina by stimulating the development of an adequate warehouse system 
for our great staple crop, cotton, in order to enable growers of cotton more suc- 
cessfully to withstand and remedy periods of depressed prices, in order to pro- 
vide a modern system whereby cotton may be more profitably and more scien- 
tifically marketed, and in order to give this important crop the standing to which 
it. is justly entitled as collateral in the commercial world, a cotton warehouse system 
for the state of North Carolina is hereby established as hereinafter provided. 

1921, c. 137, s. 1. 

Supersedes section 4907. 

4925(b). Board of agriculture administers law, makes rules, appoints super- 
intendent. The provisions of this article shall be administered by the state 
board of agriculture, through a suitable person to be selected by said board, and 
known as the state warehouse superintendent. In administering the provisions 
of this article the board of agriculture is empowered to make and enforce such 
rules and regulations as may be necessary to make effective the purposes and pro- 
visions of this act, and to fix and prescribe reasonable charges for storing cotton in 
the local warehouses and publish the same from time to time as they may deem 
necessary. 

1921, c. 137, s. 2. 
Supersedes section 4908. 

4925(c). Employment of officers and assistants. The board of agriculture 
shall have authority to employ a warehouse superintendent and necessary assistants, 
local managers, examiners, inspectors, expert cotton classers, and such other 
employees as may be necessary in carrying out the provisions of this article, and 
fix and regulate their salaries and duties. 

1921, c. 137, s. 3. 
Supersedes section 4909. 

4925(d). Bonds of superintendent and employees. The person named as 
state warehouse superintendent shall give bond to the state of North Carolina in 
the sum of fifty thousand dollars ($50,000) to guarantee the faithful performance 
of his duties, the expense of said bond to be paid by the state, to be approved as 
other bonds for state officers. The superintendent shall, to safeguard the interests 
of the state, require bonds from other employees authorized in section 4925(c) 
in amounts as large at least as he may find ordinary business experience in such 
matters would suggest as ample. 

1921, c. 137, s. 4. 

Supersedes section 4910. 

4925(e). Fund for support of system; collection and investment. In order 
to provide a sufficient indemnifying or guarantee fund to cover any loss not cov- 
ered by the bonds hereinbefore mentioned, in order to provide the financial backing 
which is essential to make the warehouse receipt universally acceptable as collat- 
eral, and in order to provide that a state warehouse system intended to benefit 

300 



4925(f) AGEICULTURE— Art. 18 Ch. 84 

all cotton growers in North Carolina shall be supported by the class it is designed 
to benefit, it is hereby declared : That on each bale of cotton ginned in North 
Carolina during the period from the ratification of this bill until June thirty, one 
thousand nine hundred and twenty-two, twenty-five (25) cents shall be collected 
through the ginner of the bale and paid into the state treasury, to be held there 
as a special guarantee or indemnifying fund to safeguard the state warehouse 
system against any loss not otherwise covered. The state tax commission shall 
provide and enforce the machinery for the collection of this tax, which shall be 
held in the state treasury to the credit of the state warehouse system. Not less 
than ten per centum of the entire amount collected from the per bale tax shall be 
invested in United States government or farm loan bonds or North Carolina bonds, 
and the remainder may be invested in amply secured first mortgages to aid and en- 
courage the establishment of warehouses operating under this system, such in- 
vestments to be made by the board of agriculture with the approval of the gov- 
ernor and attorney-general : Provided, such first mortgages shall be for not more 
than one-half the actual value of the warehouse property covered by such mort- 
gages, and run not more than ten years : Provided further, that the interest re- 
ceived from all investments shall be available for the administrative expense of 
carrying into effect the provisions of this law, including the employment of such 
persons and such means as the state board of agriculture in its discretion may deem 
necessary : Provided further, that the guarantee fund, raised under the provisions 
of sections 4907 to 4925, shall become to all intents and purposes a part of guar- 
antee fund to be raised under this law and subject to all the provisions hereof. 

1921, c. 137, s. 5; Ex. Sess. 1921, c. 28. 

Supersedes section 4911. 

4925(f). Registration of gins. Gin records and reports. Payment of tax. 

Each person, firm, partnership, or corporation undertaking the business of oper- 
ating a cotton gin within the state shall, before ginning any cotton grown in the 
years one thousand nine hundred and twenty-one and one thousand nine hundred 
and twenty-two, make application to the state commissioner of agriculture for a cer- 
tificate of registration, which application shall show the number of the certifi- 
cate, the name under which the gin is commonly known, the name of the owner and 
of the operator or manager, with postoffice address of each, and the township and 
county in which the gin is located. It shall be the duty of the commissioner of 
agriculture to require the registration of all gins operating within the state, and 
to furnish the said certificates of registration, numbered serially, free upon appli- 
cation ; and each person, firm, partnership, or corporation receiving the said cer- 
tificate of registration, shall post it conspicuously in the gin to which it applies. 
For failure to make application and secure such certificate of registration, and to 
post same as required in this section, before beginning operation, each person, firm, 
partnership, or corporation shall be subject to a penalty of five dollars ($5) for 
each and every day such gin shall be operated prior to securing and posting such 
certificate of registration. The penalty herein provided for shall be recovered 
by the state in a civil action to be brought by the state commissioner of agriculture 
in any court of competent jurisdiction, and it shall be the duty of the attorney- 
general to prosecute all such actions. Each person, firm, partnership, or cor- 
poration operating a gin shall keep a record, on forms furnished or approved by 

301 



4925(g) AGRICULTURE— A*t. 18 Ch. 84 

the commissioner of agriculture, showing the names and addresses of the owners 
of the cotton ginned, the number of bales ginned, and the date of each ginning; 
and each such operator of a gin shall report the number of bales ginned, and pay 
the tax levied in section 4925(e) to the state tax commission at least once every 
thirty days after beginning operation, and shall send a true copy of the report 
to the . commissioner of agriculture. 
1921, c. 137, s. 6. 

4925(g). Qualifications of warehouse manager. No man shall be employed 
as manager of a warehouse unless the members of the board of county com- 
missioners and the president of some bank in the county in which the warehouse 
is operated shall certify to the state warehouse superintendent that the person 
desiring to be warehouse manager is in their opinion a man of good character, 
competent, and of good reputation, deserving the confidence of the people. 

1921, c. 137, s. 7. 

Supersedes section 4912. 

4925(h). Warehouse superintendent to accept federal standards. The state 
warehouse superintendent shall accept as authority the standards and classifications 
of cotton established by the federal government. 

1921, c. 137, s. 8. 

Supersedes section 4915. 

4925 (i). Duties of superintendent; manner of operating warehouse system. 

The state warehouse superintendent shall have the power to lease for stated 
terms property for the warehousing of cotton : Provided, no rent shall be paid until 
the operating expenses of each such warehouse so leased shall have been paid from 
the income of the warehouse so leased, and in no case shall the state be responsible 
for any rent except from the income of such warehouse so leased in excess of oper- 
ating expenses ; and said superintendent shall fix the terms upon which private or 
corporate warehouses may obtain the benefits of state supervision and operation. 
And it shall be his especial duty to foster and encourage the erection of ware- 
houses in the various cotton-growing counties of the state for operation under 
the terms of this law, and to provide an adequate system of inspection, and of 
rules, forms, and reports to insure the security of the system, such matters to be 
approved by the state board of agriculture. The violation of such rules by any 
officer of the system shall be a misdemeanor. Cotton may be stored in such ware- 
houses by any person owning cotton, and receive all the benefits accruing from such 
state management ; and the person herein permitted to store cotton in any such 
warehouse shall pay to the manager of the warehouse such sum or sums for rent 
or storage as may be agreed upon, subject to section 4925(b), by the manager and 
such person desiring to store cotton therein: Provided further, that, subject to 
the approval of the state warehouse superintendent and the local manager, but not 
to the exclusion of cotton offered for storage in accordance with this law, the 
storage of other commodities may be permitted in the warehouse, which storage 
of other commodities shall not otherwise be subject to this law : Provided 
further, that for such other commodities so stored as are graded and standard- 
ized in conformity with the grades and standards heretofore or hereafter to be 
promulgated by the board of agriculture acting under the provisions of the "An 

302 






4925(1) AGRICULTURE— Art. IS Ch. 84 

act to provide for the establishment of standard packages, grades, state brands, 
and for other purposes," the same being chapter three hundred twenty-five of the 
Public Laws of one thousand nine hundred and nineteen, negotiable warehouse 
receipts of form and design approved by the board of agriculture may be issued, 
such receipts in no way to be supported or guaranteed by the indemnifying fund 
provided for in section 4925(e). 

1921, c. 137, s. 9. 
Supersedes section 4916. 

4925 (j). Power of superintendent to sue or to be sued;, liability for tort. 

The said superintendent shall also have the power to sue, or to be sued, in the 
courts of this state in his official capacity, but not as an individual, except in case 
of tort or neglect of duty, when the action shall be upon his bond. Suits may be 
brought in the county of Wake or in the county in which the cause of action arose. 

1921, c. 137, s. 10. 

Supersedes section 4917. 

4925 (k). Cotton to be graded, stapled, and weighed. Negotiable receipts. 
Authentication of receipts. As soon as possible after any lint cotton, properly 
baled, is received for storage, the local manager shall, if not previously done, 
have it graded and stapled by a federal or state classifier and legally weighed. 
Official negotiable receipts of the form and design approved by the board of agri- 
culture shall be issued for such cotton under the seal and in the name of the state 
of North Carolina, stating location of warehouse, name of manager, the mark 
on said bale, weight, grade, and length of staple, so as to be able to deliver on 
surrender of the receipt the identical cotton for which it was given. The ware- 
house manager shall fill in the said receipt, which shall be signed by him and 
by the state warehouse superintendent or his duly authorized agent : Provided, 
that if the local manager cannot issue a negotiable receipt complete for such cot- 
ton, he shall issue a nonnegotiable memorandum receipt therefor, said memorandum 
receipt to be taken up and marked "Canceled" by the local manager upon the de- 
livery of the negotiable receipt issued for said cotton : Provided further, that if 
the official negotiable receipt be issued for cotton of which the manager is owner, 
either solely or jointly in common with others, -the fact of such ownership must 
appear on the face of the receipt : Provided further, that no responsibility is 
assumed by the state warehouse system for fluctuations in weight due to natural 
causes. 

1921, c. 137, s. 11. 

Supersedes section 4918 in part. 

4925(1). Transfer of receipt. Issuance and effect of receipt. The official nego- 
tiable receipt issued under section 4925 (k) for cotton so stored is to be trans- 
ferable by written assignment and actual delivery, and the cotton which it repre- 
sents to be deliverable only upon a physical presentation of the receipt, which is 
to be marked "Canceled," with date of cancellation, when the cotton is taken from 
the warehouse. The said official negotiable receipt carries absolute title to the 
cotton, it being the duty of the local manager accepting same for storage to satisfy 
himself as to the title to the same by requiring the depositor of the cotton to sign 
a statement appearing on the face of the official receipt to the effect that there 

303 



4925(m) AGRICULTURE— Art. 18 Ch. 84 

is no lien, mortgage, or other valid claim outstanding against such cotton, and 
any person falsely signing such a statement shall he punished as provided for 
false pretenses in section four thousand two hundred and seventy-seven. 

1921, c. 137, s. 12. 

Supersedes section 4918 in part. 

4925 (m). Issuance of false receipt a felony; punishment. The manager of 
any warehouse, or any agent, employee, or servant, who issues or aids in issuing a 
receipt for cotton without knowing that such cotton has actually heen placed in 
the warehouse under the control of the manager thereof shall be guilty of a 
felony, and upon conviction be punished for each offense by imprisonment in the 
state penitentiary for a period of not less than one or more than five years, or by 
a fine not exceeding ten times the market value of the cotton thus represented as 
having been stored. 

1921, c. 137, s. 13. 

Supersedes section 4919. 

4925 (n). Delivery of cotton without receipt or failure to cancel receipt. Any 

manager, employee, agent, or servant who shall deliver cotton from a ware- 
house under this law without the production of the receipt therefor, or who 
fails to mark such receipt "Canceled" on the delivery of the cotton, shall, upon con- 
viction, be punished by a fine of not more than ten thousand dollars ($10,000), 
or imprisonment not more than five years, or both fine and imprisonment, in the 
discretion of the court. 

1921, c. 137, s. 14. 

Supersedes section 4920. 

4925 (o). Rules for issuance of duplicate receipts. The state warehouse su- 
perintendent, or his duly authorized agent, and the manager of the local ware- 
house is authorized to issue a duplicate receipt for a lost or destroyed receipt, 
due record of the original receipt being found upon the books of the warehouse, 
only upon affidavit of the owner of the original that the original receipt has been 
lost or destroyed, and by giving the state warehouse superintendent bond with 
approved security in an amount equal to the double value of the cotton repre- 
sented by the original receipt, said value to be estimated at the highest market 
price of middling cotton during the preceding two years, to indemnify the state 
warehouse superintendent and the local manager from loss or damage, and any 
cost of litigation. 

1921, c. 137, s. 15. 
Supersedes section 4921. 

4925 (p). State not liable on warehouse debts; tax on cotton continued if 
losses sustained. No debt or other liability shall be created against the state 
by reason of the lease or operation of the warehouse system created by this act 
or the storage of cotton therein, it being the purpose of this law to establish a self- 
sustaining system to operate as nearly as practicable at cost, without profit or 
loss to the state, except that expenses of supervision may be paid by the board of 
agriculture. While it is believed that the provisions and safeguards mentioned 
in this law, including the bonds required of all officers and supplemental in- 

304 



4925 (s) AGRICULTURE— Art. 18 Ch. 84 

demnifying or guarantee fund mentioned in section 4925(e), will insure the se- 
curity of the system beyond any reasonable possibility of loss, nevertheless, in 
order to establish the principle that this system should be supported by those for 
whose especial financial benefit it is established, it is hereby provided that in the 
eventuality that the system should suffer at any time any loss not fully covered 
by the aforementioned bonds and indemnifying fund, such losses shall be made 
good by having the state tax commission repeat for another twelve months selected 
by it the special levy on ginned cotton, as prescribed in section 4925(e), for 
the two years ending June thirtieth of the year one thousand nine hundred and 
twenty-three. 

1921, c. 137, s. 16. 
Supersedes section 4922. 

4925 (q). Insurance of cotton; premiums; lien for insurance and storage 
charges. The superintendent shall insure, or shall require the local manager to 
insure and keep insured for its full A r alue, upon the best terms obtainable, by in- 
dividual or blanket policy, all cotton on storage. In case of loss, the superin- 
tendent shall collect the insurance due and pay the same, ratably, to those lawfully 
entitled to it, insurance policies to be in the name of the state and the premium 
collected from the owners of the cotton, the state to have a lien on the cotton for 
insurance and storage charges as in the case of other public warehouses in the state. 

1921, c. 137, s. 17. 

Supersedes section 4923. 

4925 (r). Superintendent to negotiate loans on receipts and sell cotton for 
owners. The state warehouse superintendent, in addition to the duties herein- 
before vested in him, is also permitted and empowered, upon the request of the 
owner or owners of the warehouse receipts and cotton stored in such warehouses 
to aid, assist, and cooperate, or as the duly authorized agent of such owner or 
owners (which authorization shall be in writing), to secure and negotiate loans 
upon the warehouse receipts. And upon like written request or authorization of 
said owner or owners, and his or their duly authorized agent, he may sell and 
dispose of such Avarehoused cotton for such owner or owners, either in the home or 
foreign markets, as may be agreed upon between such owner or owners and the said 
superintendent, in writing. And for said loan or sales the said superintendent 
shall charge reasonable and just commissions, without discrimination, all of which 
shall be accounted for and held as part of the fund for the maintenance and oper- 
ation of the state warehouse system : Provided, however, that the state incurs 
no liability whatever for any act or representation of the superintendent in exer- 
cising any of the permissions or powers vested in him in this section : Provided 
further, that the bond of the superintendent will be liable for any unfaithful or 
negligent act of his by reason of which the owner or owners of such warehoused 
cotton suffers damage or loss. 

1921, c. 137, s. 18. 

Supersedes section 4924. 

4925 (s). Compliance with United States warehouse law. The state ware- 
house superintendent may, upon approval of the board of agriculture, operate or 
cause to be operated, subject to the United States warehouse act, any or all of 

20 305 



4925 (t) AGRICULTURE— Art. 19 Ch. 84 

the warehouses leased by him under the provisions of this law, and he is authorized 
to comply with said United States warehouse act and the regulations thereunder. 
1921, c. 137, s. 19. 

4925 (t). Partial invalidity of law, effect. If any particular section or part 
of any section of this law shall be held to be unconstitutional, such holding shall 
not invalidate any other portion thereof. 

1921, c. 137, s. 20. 

Supersedes section 4925. 

4925 (u). Laws repealed by this law. Sections 4907 to 4925, inclusive, and 
all other laws and clauses of laws in so far only as they conflict with the pro- 
visions of this law are hereby repealed. 

1921, c. 137, s. 21. 

Art. 19. Leaf Tobacco Sales 

4927. Monthly reports to commissioner; results classified. On or before the 
tenth day of each succeeding month the said warehouse proprietors shall make a 
statement, under oath, of all the tobacco so sold upon the floor of his warehouse 
during the past month and shall transmit the said statement, at once, to the com- 
missioner of agriculture at Raleigh, North Carolina. The report so made to the 
commissioner of agriculture shall be so arranged and classified as to show the 
number of pounds of tobacco sold for the producers of tobacco from first hand; 
the number of pounds sold for dealers ; and the number of pounds resold by the 
proprietor of the warehouse for his own account or for the account of some other 
warehouse. 

5 907, c. 97, s. 2; Ex. Sess. 1921, c. 76. 

4928. Commissioner to keep record and publish in bulletin. The commissioner 
of agriculture shall cause said statements to be accurately copied into a book to 
be kept for this purpose, and shall keep separate and apart the statements re- 
turned to him from each leaf tobacco market in the state, so as to show the number 
of pounds of tobacco sold by each market for the sale of leaf tobacco ; the number 
of pounds sold by producers, and the number of pounds resold upon each market. 
The commissioner of agriculture shall keep said books open to the inspection of 
the public, and shall, on or before the fifteenth day of each month, after the re- 
ceipt of the reports above required to be made to him on or before the tenth day of 
each month, cause the said reports to be published in the bulletin issued by the 
agricultural department and in one or more journals published in the interest 
of the growth, sale, and manufacture of tobacco in the state, or having a large 
circulation therein. 

1907, c. 97, s. 3; Ex. Sess. 1921, c. 76. 

4930. Commissioner to publish failure; certificate as evidence. The commis- 
sioner shall, on the 14th day of each month, publish in some newspaper the names 
of the tobacco warehouses that have failed to comply with this article. 

The certificate of the commissioner under seal of the department shall be ad- 
missible as evidence the same as if it were deposition taken in form as provided 
by law. 

1915, c. 31, ss. 2, 3; Ex. Sess. 1921, c. 76. 

306 



4949(c) AGRICULTURE— Art. 21 Ch. 84 

Art. 21. Agricultural Societies and Fairs 

Part 2. County Societies 

4943. Appropriation from state; payment. When such society shall be fully 
organized, the organization thereof shall be certified by the president and signed 
by the secretary to the board of county commissioners, and thereupon the board 
shall order the same to be filed in the office of their clerk and there kept ; and 
the clerk, under the seal of the board, shall certify a copy of the same, together 
with the order of the board, to the auditor of the state, who, if by the certificate 
it shall appear to him that such society has been duly organized, according to 
this title, and it shall likewise be made to appear to him by the certificate of the 
treasurer of such society, signed by the president and certified by the clerk of 
the board under the seal thereof, that the sum of one hundred dollars has been 
actually paid to the society by the members thereof, within one year preceding, 
for the sole benefit of such society, shall draw his warrant, and the treasurer 
shall pay to the treasurer of the society one hundred dollars out of the public 
treasury for the like sole use and benefit ; and such payment shall be annually made 
by the treasurer of the state on the terms and conditions set out in this chapter ; 
but only one society for each county shall be entitled to the benefits of this chapter. 
The board of county commissioners, in case of a conflict between two claimants, 
shall determine which shall be the corporate body for the county. 

Rev., s. 3870; Code, s. 2222; R. C, c. 2, s. 8; 1852, c. 2, ss. 3, 6; 1905, c. 513; Ex. Sess. 
1921, c. 72. 

4949(a). Fairs entitled to participation in appropriations. All appropria- 
tions which shall be made for the benefit of agricultural fairs shall be divided 
between such fairs as shall have given satisfactory evidence to the secretary of 
agriculture of state of North Carolina of having held an annual fair and made 
their annual report on or before the first day of December of each year to the 
secretary of agriculture of state of North Carolina. 

1923, c. 159, s. 1. 

4949(b). Division of appropriations; basis. Such appropriations shall be di- 
vided between such agricultural fairs which shall have complied with the condi- 
tions herein prescribed, as follows : To each agricultural fair upon the following 
basis: First, twenty per cent of the first two thousand dollars ($2,000.00) or less; 
second, ten per cent of the second two thousand dollars ($2,000.00) ; third, five 
per cent on all in excess of four thousand dollars ($4,000.00) of the total amount 
of premiums paid at its annual fair for the current year for exhibits of horti- 
culture, agriculture, poultry, livestock and domestic and mechanical arts. 

1923, c. 159, s. 2. 

4949(c). Verified statement of premiums paid; itemized list. On or before 
the first day of December of each year the president and secretary of agricultural 
fairs claiming benefit of any such appropriations shall file with the secretary of 
agriculture of state of North Carolina a sworn statement of the actual amount 
of cash premiums paid at the fair of the current season, which must correspond 

307 



4949(d) AGEICULTUEE— Art. 22 Ch. 84 

with the published offer of premiums. Such statement shall be accompanied by an 
itemized list of all premiums paid upon the basis of the premiums of such fairs 
and a full statement of receipts and expenditures for the current year duly verified 
by the secretary of such agricultural fair. Such money shall be paid to the treas- 
urer of the agricultural fair upon this receipt, countersigned by the secretary. 
1923, c. 159, s. 3. 

4949(d). Warrant for appropriation. The state auditor of North Carolina 
is authorized and directed to draw his warrants upon the state treasurer for the 
money herein appropriated in favor of the several agricultural fairs of this state 
which shall have complied with the provisions of this law. 

1923, c. 159, s. 4. 

4949(e). Appropriations by municipalities and counties. Any city, town, or 
county may appropriate not to exceed five thousand dollars to aid any agricultural 
fair, animal or poultry exhibition held within town, city or county. 

1923, c. 159, s. 5. 

4949(f). Use for horse races or general expense forbidden. No part of said 
appropriation shall be used to promote speed contests, including horse racing, or 
to pay any part of the purses or premiums thereof, or general expenses of operating 
fair. 

1923, c. 159, s. 6. 

Art. 22. Cotton States Commission 

4958(a). Recognition of commission. The state. of North Carolina recognizes 
the cotton states commission, to the extent that it may function within the limits 
prescribed by this article, as an instrumentality of the state of North Carolina 
for the purpose of providing a general organization whereby said state may 
cooperate with the other cotton producing states and with the United States depart- 
ment of agriculture in respect to certain problems affecting the production and 
marketing of cotton, which are obviously to the common interest of the cotton 
industry in all the states and not to matters in which there may be serious conflict 
of interest as between the said states, particularly in respect to the control and 
eradication of insect pests. 

1923, c. 26, s. 1. 

4958(b). Commissioners; appointment, term, qualifications, vacancies in 
office, oath. The governor of this state shall within thirty days after this law 
shall take effect, as hereinafter provided, and biennially thereafter, appoint three 
commissioners <o represent the State of North Carolina on said "Cotton States 
Commission," each of whom shall serve for a term of two years and until their 
successors are appointed and qualified. One of said commissioners shall be an 
officer of the department of agriculture or of the agricultural extension service of 
said state: Provided, however, that if any person appointed on said commission 
shall fail or refuse to act, or if any vacancy shall occur therein by death, resig- 
nation or otherwise, the governor of said state shall appoint some one to fill said 
vacancy for the unexpired term of said commissioner. Said commissioners shall, 

308 



4958(f) AGRICULTURE— Art. 22 Ch. 84 

before entering on the discharge of their duties take the usual oath required of 
public officers of said state, to support the constitution and laws of the United 
States and the constitution and laws of said state not inconsistent therewith, and 
that they will faithfully and honestly discharge the duties of the office of com- 
missioner, to the best of their skill and ability. Said oath shall be subscribed 
to and recorded in the minutes of said commission and also in the office of the 
secretary of state of state of North Carolina. Said commissioners shall serve 
without compensation other than actual expenses, to be paid out of appropriation 
herewith provided. 
1023, c. 26, s. 2. 

4958(c). Duties of commissioners; cooperation; recommendations; police 
power. Said commissioners shall perform such duties, not inconsistent with 
the terms and spirit of this article, as may be prescribed from time to time by 
said "Cotton States Commission" after it is organized as herein provided. It 
shall be the duty of said commissioners particularly to advise and cooperate with 
the commissioners appointed by the governors or legislatures of the other cotton 
growing states, members of said commission, and also with the secretary of agri- 
culture of the United States or his duly authorized representative, with respect to 
methods whereby the cotton producing states and the department of agriculture 
of the United States may cooperate with each other in respect to the measures 
for the control and eradication of insect pests, and the said "Cotton States Com- 
mission" shall recommend to the governors of the cotton growing states what 
measures by way of uniform laws or otherwise, which in the opinion of said com- 
mission shall be for the common interest of all of said states in respect of said 
problems : Provided, however, that said commission shall exercise no police pow- 
ers in the said state, unless and until the legislature shall specifically authorize 
the same. 

1923, c. 26, s. 3. 

4958(d). Organization; rules and regulations. It shall be the duty of said 
commission at its first meeting to organize by the election of a chairman and secre- 
tary and to also adopt rules and regulations, not inconsistent with the terms of this 
article, to carry out the purposes for which it was created. 

1923, c. 26, s. 4. 

4958(e). Votes; casting as unit. Each of the states represented on said com- 
mission shall be entitled to three votes, to be cast by the respective representatives 
of said state as a unit on all matters coming before said commission. 

1923, c. 26, s. 5. 

4958(f). Action by other states. This law shall not take effect unless and 
until the legislatures of at least six of the cotton producing states shall have en- 
acted a statute in substantially the terms of this law, and providing for represen- 
tation on said commission, and making appropriations for the expenses and main- 
tenance of the same on the basis as herein provided. 

1923, c. 26, s. 6. 

309 



4958(g) AGRICULTURE— Art. 22 Ch. 84 

4958(g). Appointment of commissioners from other states; notice to meet 
for organization. Whenever six of said states shall have adopted this law or a 
law substantially in the terms hereof, and that fact is made to appear to the satis- 
faction of the temporary chairman of the "Cotton States Commission" appointed 
pursuant to the said conference held at Memphis, he shall request the governors 
of the states that have adopted said law to appoint the commissioners to represent 
their states. Within thirty days after said commissioners have been appointed 
said chairman shall notify the said commissioners to meet at a time and place to be 
designated in said notice for the election of officers and for the permanent organi- 
zation of said commission as herein provided. 

1923, c. 26, s. 7. 

4958(h). Temporary organization; plan of organization. Upon the organiza- 
tion of said commission pursuant to the uniform law to be adopted by said states, 
as herein provided, the temporary organization of said "Cotton States Commission" 
heretofore effected shall thereupon cease and determine; Provided, however, that 
until said "Cotton States Commission" is permanently organized under and pur- 
suant to said uniform laws to be enacted by six of the said cotton growing states 
as herein provided, the said temporary organization now existing shall continue 
in effect. The plan of organization adopted at the conference held at New Orleans 
and Memphis in one thousand nine hundred and twenty-two shall govern the acts 
of said commission in the meantime. 

1923, c. 26, s. 8. 

4958 (i). Appropriation; action by other states. For the purpose of carrying- 
out the provisions of this law there is appropriated annually out of any funds in 
the treasury of the state of North Carolina not otherwise appropriated, the sum 
of three thousand dollars ($3,000) to be expended by said commission in carrying 
on the work as herein provided : Provided, that all the states represented on said 
commission shall appropriate and pay a like sum for the work of said commission. 

1923, c. 26, s. 9. 

4958(j). Reports; recommendations. The commissioners appointed to repre- 
sent the said state of North Carolina on said commission shall report to the gov- 
ernor of said state the work which has been done by said commission and the ex- 
penditures made on account of said work, giving in detail the amount and purpose 
of said expenditures ; and shall also report to the governor of said state any measure, 
by way of uniform laws or otherwise, which said commission may recommend for 
adoption by said states to carry into effect the purposes for which said "Cotton 
States Commission" was created. 

1923, c. 26, s. 10. 

4958 (k). Limitation of power to incur obligations. Neither the said "Cotton 
States Commission" nor the commissioners representing the state of North Caro- 
lina here shall in any manner contract any obligation or pledge the faith or credit 
of said state, except for necessary expenses within the limits of the appropriations 
hereinbefore provided. 

1923, c. 26, s. 11. 

310 



4958(h) AGRICULTURE— Art. 22 Ch. 84 

4958(1). Limit of effect of law; power of legislature reserved. This law shall 
continue in force and effect for a term of six years : Provided, however, that the 
legislature of said state of North Carolina may discontinue its representation on 
said commission and may withdraw the appropriation as provided herein for the 
expenses of said commission on twelve months notice given to the governors of the 
other states represented on said commission by the governor of the state of North 
Carolina. 

1923, c. 26, s. 12. 

4958 (m). Construction of terms. AVherever the words "cotton producing 
states" or "cotton growing states" or words of similar import are used in this 
article they shall be construed to mean the following states : North Carolina, 
South Carolina, Georgia, Florida, Alabama, Mississippi, Tennessee, Arkansas, 
Oklahoma, Louisiana and Texas. 

1923, c. 26, s. 12a. 

4958 (n). Law effective, when. This law shall continue in force and effect 
from and after February 12, 1923, subject, however, to the action to be taken by 
the other states as provided in section 4958(e). 

1923, c. 26, s. 13. 



311 



CHAPTER 87 

AUCTIONEERS 

5000. Appointment;, bond. No person shall exercise or conduct the trade or 
business of an auctioneer in this state or offer to conduct any such trade or business 
described in this chapter unless such person shall hold a license issued by the insur- 
ance commissioner, and no license shall issue to any person who is not a resident 
of the state of North Carolina, and has not been a bona fide resident for at least 
two years prior to the date when such application for license is filed with the 
insurance department. The license shall issue only upon the filing of a bond in 
the sum of five thousand dollars ($5,000.00), with such conditions and sureties as 
may be required and approved by the insurance commissioner. The license shall 
expire on the first day of April following, unless the authority is sooner revoked 
by the insurance commissioner, and such authority shall be subject to revocation 
at any time by such officer for cause appearing to him sufficient. The fees for each 
license shall be two hundred dollars ($200.00) : Provided, that the provisions of 
this law shall not apply to any auctioneers or sales at public auction other than 
auction sales of jewelry and silverware, and auctioneers conducting or engaged in 
such sale. 

Rev., s. 217; Code, s. 2281; 1889, c. 40; 1891, c. 576; R. C, c. 10, s. 1; 1923, c. 243, s. 1. 

5000(a). Requirements of law and of insurance commissioner; false state- 
ment. No person who shall conduct the business of an auctioneer in the state 
shall fail to comply with any provision of the law or any requirement of the in- 
surance commissioner pursuant to the law, and no such person shall make or cause 
to be made any false statement in any report required of him, and upon any viola- 
tion of any section of this chapter, the insurance commissioner may revoke his 
license to do business in this state. 

1923, c. 243, s. 2. 

5000(b). Punishment for violation of law. Any person violating any of the 
provisions of this chaper shall be punished by a fine not exceeding two hundred 
dollars or by imprisonment in jail or worked on the roads for not exceeding two 
years, or by both such fine and imprisonment. 

1923, c. 243, s. 3. 

5000(c). License tax by counties and municipalities. Nothing in this law 
shall be construed to take away from the counties, cities or towns of this state any 
right or rights which they may now have, or may hereafter have, to levy a license 
tax on persons exercising or conducting the trade or business of an auctioneer. 

1923, c. 243, s. 4. 



312 



CHAPTER 88 
BOARDS OF CHARITIES 

Art. 2. County Boards of Charities and Public Welfare 

5016. County superintendent of public welfare. On the second Monday in 
July, nineteen hundred and twenty-one, and on the second Monday in July every 
two years thereafter, the county board of education and the board of county com- 
missioners of every county in !N"orth Carolina shall meet in joint session for the 
purpose of electing a county superintendent of public welfare, who shall serve for 
the ensuing two years, and until his successor is elected and qualified. The county 
superintendent of public instruction shall serve as secretary of the joint meeting, 
make permanent record of the proceedings, and issue all notices and reports 
necessary previous and subsequent to the meeting. The person elected county 
superintendent of public welfare shall be qualified by character, fitness, and experi- 
ence to well discharge the duties thereof. ISTo one so elected shall begin the work 
of this position until he shall have received a certificate of approval of his fitness 
from the state board of charities and public welfare ; and in case such approval 
is not received, the two boards shall, upon receiving notice thereof, proceed imme- 
diately in like manner to elect another person. In case of a tie vote, the matter 
may be referred for decision to the state commissioner of public welfare. A joint 
session of the two boards may be held at any time on the call of the chairman of 
either board for the purpose of discussing the work relating to the office; and a 
superintendent may be dismissed by joint action for proven unfitness or failure 
in the performance of duty, and his successor elected. It is the purpose of this sec- 
tion that the board of education and the board of county commissioners shall act 
in a spirit of mutual cooperation for the purpose of obtaining the best possible 
results in carrying out the intention of this law. The joint meeting shall fix the 
salary of the county superintendent of public welfare, which sum shall be sufficient 
to secure the services of a well qualified person, and one-half of which shall be 
paid from the funds of each board, and a reasonable expense fund shall be pro- 
vided by each board for carrrying on the work, which sum shall be separate from 
that allowed as salary for the county superintendent. In counties having a popu- 
lation of less than thirty-two thousand (32,000), by the census of nineteen hundred 
and twenty, and in counties where, on January first, nineteen hundred and twenty- 
one, the superintendent of education was performing the functions of county su- 
perintendent of public welfare, the board of county commissioners shall have the 
option of taking part or of not taking part in the election of a county superintend- 
ent of public welfare as provided above. In any county of less than thirty-two 
thousand (32,000) population, where the county commissioners do not desire to 
so participate, the county superintendent of public instruction shall become ex 
officio county superintendent of public welfare. Whenever by such action a county 
superintendent of public instruction becomes ex officio county superintendent of 
public welfare, he shall receive no salary in addition to that received as county 
superintendent of schools, but the board of education, by and with the approval 
of the board of commissioners, shall furnish him such clerical or other assistance 

313 



5016 BOAEDS OF CHARITIES— Art. 2 Ch. 88 

as it deems necessary to have the compulsory school attendance law fully enforced 
in accordance with the rules and policy laid down by the state board of education, 
and the board of county commissioners shall furnish a reasonable expense fund for 
carrying out the other duties attached by law to the office of county superintendent 
of public welfare. All such duties shall be as binding upon the county superin- 
tendent of public welfare as they would be in ease he were not county superin- 
tendent of schools. Every county superintendent of public welfare shall make 
such reports of his work to the county board of education and the board of county 
commissioners as said boards may require. 
1917, c. 170, s. 1; 1919, c. 46, ss. 3, 4; 1921, c. 128. 



314 



CHAPTER 89 
CEMETERIES 

Art. 4. Removal of Graves 

5030(a). Conveyance by church; removal of graves. Where any church has 
conveyed, or is about to convey real estate on which there are graves, and where 
it becomes necessary and expedient to remove said graves, it shall be lawful for 
such church authorities after thirty days notice to the relatives of deceased, if any 
are known, and if none are known, then after notice posted at the church door 
for a like time, to remove such graves to a suitable plot in some other cemetery, 
due care being taken to protect tombstones and replace them properly, so as to 
leave the graves in as good condition as before removal. 

Ex. Sess. 1920, c. 46. 

Art. 5. Cemetery Associations 

5030(b). Land holdings. All cemetery associations or corporations created 
by any local, private or special act or resolution before January tenth, one thou- 
sand nine hundred and seventeen are authorized and fully empowered to hold 
amounts of land in excess of the limitation provided in the local, private or special 
act or resolution incorporating or chartering such cemetery association or cor- 
poration. 

1023, c. 76, s. 1. 

5030(c). Change of name of association or corporation. All corporations or 
associations chartered or incorporated by any special act of the legislature, as set 
forth in the preceding section, are authorized and fully empowered to change the 
name of such association or corporation by a majority vote of its directors, and 
upon such change in name it shall be the duty of the officers of the board of direc- 
tors of such corporation or association to file with the clerk of the superior court 
a copy of resolution changing the name, which resolution must show the act of 
the legislature creating or incorporating the same and the reasons for the change 
thereof. 

1923, c. 76, s. 2. 



315 



CHAPTER 90 
CHILD WELFARE 

Aet. 2. Juvenile Courts 

5040. Juvenile courts created; part of superior court. There shall be estab- 
lished in each county of the state a separate part of the superior court of the 
district for the hearing of cases coming within the provisions of this article. 

Such part of the superior court shall be called the juvenile court of 

county. 

The clerk of the superior court of each county in the state shall act as judge 
of the juvenile court in the hearing of cases coming within the provisions of this 
article," in which cases the child or children concerned therein reside in or are 
at the time within such county. Proceedings in such cases may be initiated be- 
fore such judge, and in hearing such cases such judge shall comply with all the 
requirements and conform to the procedure provided in this article : Provided, 
that in counties, where the county seat is a city containing twenty-five thousand 
inhabitants, or more, the board of commissioners of such counties shall have the 
right in their discretion to cooperate with the governing body of such city in the 
election of a judge of a juvenile court provided for in section 5062 which judge 
when so elected shall perform all the duties, and possess all the powers and juris- 
diction conferred by this article upon the clerk of superior court, as well as that 
conferred upon the judge of the juvenile court of such cities by this article such 
judge to be so elected by the joint action of the governing bodies of such city and 
county shall hold office for the term of one year, and until his successor shall be 
duly elected, and the county availing itself of the provisions of this section shall 
pay said judge for services rendered the county (outside of city) such sum as the 
county commissioners of said county shall deem just and proper. 

1919, c. 97, s. 2; Ex. Sess. 1920, c. S5. 

5062. City juvenile courts and probation officers. Every city in North Caro- 
lina where the population was, by the census of one thousand nine hundred 
and twenty, ten thousand or more shall maintain a juvenile court, to which is 
hereby given the powers, duties and obligations of this article to be exercised 
within their territorial boundaries. Such city juvenile courts shall conduct their 
business in accordance with the procedure set forth in this article as applying to the 
county juvenile court. It is hereby made the duty of governing bodies of such 
cities to make provision for such courts and bear the expense thereof, either 
by requiring the recorder to act as a juvenile judge or by the appointment of 
a separate judge. The governing bodies of such cities shall also appoint one or 
more assistant probation officers who shall serve within its jurisdiction under 
the general supervision of the chief probation officer of the county, which chief 
probation officer of the county is hereby made the chief probation officer of the 
city court herein provided for. The salary of the chief juvenile court judge 
shall be fixed and paid by the governing body of the city, and such governing 
bodies are hereby given authority to expend such sums from the public funds of 
the city as may be required to carry this article into effect. 

316 



5067(d) CHILD WELFARE— Art. 4 Ch. 90 

In case it may appear to the governing bodies of such cities herein described 
that it would be best to allow the county juvenile court to transact the business 
of the city, they may make such provisions and agreements with the county 
commissioners for the expense of the joint court as may be agreed upon, and in 
such event such a city is hereby permitted to make such arrangement in lieu of 
establishing a city juvenile court. But in case the county commissioners will not 
agree to such arrangement, then the city must establish a juvenile court, as pro- 
vided in this section. 

Any town of five thousand population which is not a county seat, and in 
which there is a recorder's court, may, if deemed advisable and necessary by 
the governing body, provide for the conduct of a juvenile court within the ter- 
ritorial jurisdiction of such recorder's court : Provided, that the provisions and 
procedure of this article are fully followed as in case for towns of ten thou- 
sand inhabitants. 

1919, c, 97, s, 24; 1923, c. 193. 

Art. 4. Aid of Needy Orphans in Homes of Worthy Mothers 

5067(a). Allowance by counties authorized. The boards of county commis- 
sioners of the several counties of the state are authorized, in their discretion, to 
make an allowance to any eligible mother (as hereinafter explained and defined) 
for her support, where she is left with a child or children under fourteen years of 
age, under the conditions hereinafter set forth. 

1923, c. 260, s. 1. 

5067(b). Determination of amount. Recommendation. The county board of 
charities and public welfare of any county, after investigation by the county 
superintendent of welfare, may determine what amount within the provisions of 
this article is advisable for the care of a child or children, and shall recommend 
to the board of county commissioners that an appropriation be made for the sup- 
port of such mother and child or children under fourteen years of age. 

1923, c. 2G0, s. 2. 

5067(c). Maximum allowances. Extraordinary circumstances. The maxi- 
mum amount to be allowed per month under this article shall not exceed fifteen 
dollars for one child, ten dollars additional for the second child, and five dollars 
additional for the third child, or any excess of three: Provided, the total amount 
shall not exceed forty dollars, except in extraordinary circumstances in which it 
appears to the satisfaction of the board of county commissioners that a total of 
forty dollars per month would be insufficient to secure the purposes above set forth. 

1923, c. 260, s. 3. 

5067(d). Eligibility. Aid by relatives or charitable associations. To be 

eligible to apply for mother's aid a woman must be the mother of a child or 
children under fourteen years of age, a resident of the state of North Carolina for 
three years, and a resident of the county for one year preceding, and possessed of 
sufficient mental, moral, and physical fitness to be capable of maintaining a home 
for herself and child or children and prevented only from lack of means. Such 

317 



5067(e) CHILD WELFARE— Art. 4 Ch. 90 

person must be either a widow, or divorced, or deserted, if it be found impossible 
to require the husband to support her, or if the husband is found to be mentally 
or physically incapacitated to support his family, or if the husband be confined in 
any jail and assigned to work the roads of any county or in any penal or eleemosy- 
nary institution, provided no relative is able and willing to undertake sufficient aid : 
Provided, that if the mother is given partial aid or assistance by any relative or 
charitable organization, the board of county commissioners, in their discretion, may 
make allowance to such mother to help out the same where it may be necessary, in 
their opinion and judgment. 
1923, c. 260, s. 4. 

5067(e). Approval by juvenile court. Any board of county commissioners 
taking advantage of the provisions of this statute may require that the report of 
the investigation of the county superintendent of welfare in every case shall be 
presented to and approved by the judge of the juvenile court in that county before 
making an appropriation. 

1923, c. 260, s. 5. 

5067(f). Oversight of administration of law. Reports of county superin- 
tendent. Notice from state board to county. The state board of charities and 
public welfare shall have general oversight of the administration of this article 
with the view to making it uniform throughout the state; shall furnish all nec- 
essary blanks and give such advice and help as it can in order to aid in efficiently 
securing its purpose. The county superintendent of public welfare shall make 
his report on any case to the board of county commissioners in duplicate, one copy 
of which shall be forwarded at once, with the action of the board of county com- 
missioners endorsed thereon, to the state board of charities and public welfare and 
one filed by the board of county commissioners with its records in the case. The 
state board of charities and public welfare shall at once notify the board of county 
commissioners of its approval or disapproval for reimbursement as provided in 
5067(h), and the said board may suggest additional requirements for the consider- 
ation of the board of county commissioners. 

1923, c. 260, s. 6. 

5067(g). Determination of monthly allowance. Order for payment. After 
investigation by the county welfare officer, when the board of county commissioners 
shall adjudge that a mother is entitled to aid under this article, said board of 
county commissioners shall determine the monthly amount that the board of county 
commissioners may allow, and order its treasurer in writing to pay said amount 
to the person designated by it, and continue the same monthly until the order be 
changed or the expiration of the time for which the order is limited. 

1923, c. 260, s. 7. 

5067(h). Statements furnished to state board. Approval. Vouchers. At the 

end of each fiscal quarter the treasurer of the county wherein aid has been granted 
shall furnish an itemized statement in each ease of amounts paid, duly certified by 
him under oath, to the state board of charities and public welfare. If each case 
thereon shall have been approved by the state board of charities and public welfare 

318 



5067(h) CHILD WELFARE— As*. 4 Oh. 90 

and all required regulations of this article shall have been fulfilled, the state hoard 
of charities and public welfare shall certify the account to the state treasurer, where- 
upon the state treasurer shall immediately make out and forward to such county 
treasurer his voucher for one-half of the total amount certified as having actually 
been paid out by the county. Such voucher shall be made out against any fund 
in the treasury not otherwise appropriated : Provided, the total amount for the 
state shall not exceed a maximum of fifty thousand dollars ($50,000) per year, to 
be apportioned among all the counties on a per capita basis : Provided, that the 
proportionate share of any county not availing itself as above provided by this 
article shall remain in the hands of the state treasurer until otherwise appropriated. 
1923, c. 260, s. 8. 



319 



CHAPTER 91 
COMMERCE AND BUSINESS IN STATE 

Art. 1. Regulation and Inspection 

5099(a). Numbering of cotton bales by public ginneries; public gin defined. 

Any person, firm or corporation operating any public cotton gin, that is any cotton 
gin other than one ginning solely for the individual owner, owners, or operators 
thereof, shall hereafter be required to distinctly and clearly number, serially, each 
and every bale of cotton ginned, in one of the following ways: (1) mark in color 
upon the bagging of the bale, in figures: (2) attach a metal strip carrying serial 
number to one of the ties of the bale and ahead of tbe tie lock, and so secure it 
that ordinary handling will not remove or disfigure the number: (3) impress the se- 
rial number upon one of the bands or ties around the bale. 
1923, c. 167, s. 1. 

5099(b). Violation of preceding section a misdemeanor. Any person, firm 
or corporation failing or refusing to comply with the preceding section shall be 
guilty of a misdemeanor for each and every offense, and upon conviction shall be 
fined not exceeding fifty dollars or imprisoned not more than thirty days. 

1923, c. 167, s. 2. 

Art. 3. Sale of Weapons 

5106. Sale of certain weapons without permit forbidden. It shall be unlawful 
for any person, firm, or corporation in this state to sell, give away, or dispose of, 
or to purchase or receive, at any place within the state from any other place within 
or without the state, unless a license or permit, therefor shall have first been ob- 
tained by such purchaser or receiver from the clerk of the superior court of the 
county in which such purchase, sale, or transfer is intended to be made, any pistol, 
so-called pump-gun, bowie knife, dirk, dagger or metallic knucks. 

It shall be unlawful for any person or persons to receive from any postmaster, 
postal clerk, employee in the parcel post department, rural mail carrier, express 
agent or employee, railroad agent or employee, within the state of Worth Carolina 
any pistol, so-called pump-gun, bowie knife, dirk, dagger or metalic knucks without 
having in his or their possession and without exhibiting at the time of the delivery 
of the same and to the person delivering the same, the permit from the clerk of the 
superior court as provided in section five thousand one hundred and seven ; any per- 
son violating the provisions of this law shall be guilty of a misdemeanor, and upon 
conviction thereof shall be fined not less than fifty dollars nor more than two hun- 
dred dollars, or imprisoned not less than thirty days nor more than six months, or 
both, in the discretion of the court. 

1919, c. 197, s. 1; 1923, c. 106. 



320 



CHAPTER 92 
CONFEDERATE HOMES AND PENSIONS 

Akt. 3. Pensions 

(Sections 5141 to 5168, inclusive, are superseded by Public Laws 1921, Chapter 198, 
codified herein as Sections 5168(a) to 5168 (z), inclusive.) 

Part 1. Pension Boards 

5168(a). State board. Examination of applications. The governor, attorney- 
general, and auditor shall be constituted a state board of pensions, which shall 
examine each application for a pension, and for this purpose it may take other tes- 
timony than that sent by the county boards. Such applications as are approved by 
the state board shall be paid by the treasurer, upon the warrant of the auditor. 

1921, c. 189, s. 1. 

5168(b). State board to make rules. The state board of pensions is empow- 
ered to prescribe rules and regulations for the more certainly carrying into effect 
this article according to its true intent and purpose. 

1921, c. 189, s. 2. 

5168(c). Auditor to transmit lists to clerks of court. Publication of list. 

The auditor shall, as soon as the same is ascertained, transmit to the clerks of the 
superior court of the several counties a correct list of the pensioners, with their post- 
offices, as allowed by the state board of pensions. The auditor may have printed, 
once in each year, but not oftener, a list of the pensioners on the pension roll. 
1921, c. 189, s. 3. 

5168(d). County board. The clerk of the superior court, together with three 
reputable ex-Confederate soldiers, or sons of ex-Confederate soldiers, to be ap- 
pointed by the state auditor, shall constitute a county board of pensions for their 
county. 

1921, c. 189, s. 4. 

5168(e). Examination and classification by county board. Certificate of 
disability. All persons entitled to pensions under this article, not now drawing pen- 
sions, shall appear before the county board of pensions on or before the first Mon- 
day in July of each year, for examination and classification in compliance with the 
provisions of this article: Provided, that all such as are unable to attend shall 
present a certificate from a creditable physician, living and practicing medicine in 
the community in which the applicant resides, that the applicant is unable to attend. 

1921, c. 189, s. 5. 

5168(f). Annual revision of pension roll. On the first Monday of July of 
each year the pension board of each county shall revise and purge the pension roll 
of the county, first giving written notice of ten days to the pensioner who is alleged 
not to be rightfully on the state pension roll, to show cause why his name should not 
be stricken from the pension list, and the board shall meet another day to consider 
the subject of purging the list. 

1921, c. 189, s. 6. 

21 321 



5168(g) CONFEDERATE HOMES AND PENSIONS— Art. 3 Ck 92 



Part 2. Persons Entitled to Pensions; Classification and Amount 

5168(g). Blind or maimed Confederate soldiers. All ex-Confederate soldiers 
and sailors who have become totally blind since the war, or who have lost their 
sight, or both hands or feet, or one arm and one leg, in the Confederate service, 
tdiall receive from the public treasury one hundred and eighty dollars ($180) a 
year. 

1921, c. 189, s. 7. 

5168(h). Helpless or demented widows of Confederate soldiers. Every widow 
of a Confederate soldier who married and was widowed prior to one thousand eight 
hundred and sixty-six and who has not remarried and who bore and raised legiti- 
mate child or children of the deceased Confederate soldier, and who has lost her 
mind, or become helpless, and is not confined in an asylum, or inmate of any chari- 
table institution, shall receive the same pay and in the same manner as blind Con- 
federate soldiers. 

1923, c. 3. 

5168(i). List of blind and disabled soldiers to be sent to governor. Warrant 
issued by auditor. The clerk of the superior court shall, under his seal of office, 
certify to the governor the names and the number of the soldiers examined in his 
county who are blind and maimed, or who have become paralyzed and are totally 
disabled by reason thereof ; upon such certificate the auditor, with the approval of 
the governor, is authorized to issue his warrant to the treasurer to pay the sum of 
one hundred and eighty dollars ($180) annually for each blind and maimed person, 
and each person paralyzed and disabled by reason thereof, named in the certificate, 
and the clerk shall pay out such money monthly to the persons entitled to the same. 

1921, c. 189, s. 8. 

5168 (j). Classification of pensions for soldiers and widows. There shall be 
paid out of the treasury of the state, on the warrant of the auditor, to every person 
who has been for twelve months immediately preceding his application for pension a 
bona fide resident of the state, and who is incapacitated for manual labor, and was 
a soldier or a sailor in the service of the Confederate States of America, during the 
war between the states, and to the widow of any deceased officer, soldier or sailor who 
was in the service of the Confederate States of America during the war between the 
states, if such widow was married to such soldier or sailor before the first day of 
January, one thousand eight hundred and eighty, and if she has married again, is a 
widow at the date of her application, the following sums annually according to the 
degree of disability ascertained by the following grades : 

1. To such as have received a wound which renders them totally incompetent to 
perform manual labor in the ordinary vocations of life, and to all blind Confederate 
widows who are on the pension roll, one hundred dollars ($100.) 

2. To such as have lost a leg above the knee or an arm above the elbow, ninety dol- 
lars ($90). 

3. To such as have lost a foot or a leg below the knee, or a hand or an arm below 
the elbow, or have a leg or an arm utterly useless by reason of a wound or perma- 
nent injury, seventy dollars ($70). 

322 



5168(h) CONFEDERATE HOMES AND PENSIONS— Art. 3 Ch. 92 

4. To such as have lost an eye, and to the widows and all other soldiers who are 
now disabled from any cause to perform manual labor, sixty dollars ($60). 
1921, c. 189, s. 9; Ex. Sess. 1921, c. 89. 

5168(k). Persons not entitled to pensions. No person shall be entitled to re- 
ceive the benefits of this article — 

1. Who is an inmate of the soldiers' home at Raleigh; 

2. Who is confined in an asylum or county home; 

3. Who receives a pension from any other state or from the United States ; 

4. Who holds a national, state, or county office, which pays annually in salary or 
fees the sum of three hundred dollars ($300) ; 

5. Who was a deserter, or the widow of such deserter; but no soldier who has been 
honorably discharged, or who was in service at the surrender shall be considered a 
deserter in the meaning of this section ; 

6. Who is receiving aid from the state under any act providing for the relief of 
soldiers who are blind or maimed. 

7. Who owns in his own right, or in the right of his wife, property whose tax valu- 
ation exceeds two thousand dollars ($2,000), or who, having owned property in ex- 
cess of two thousand dollars ($2,000), lias disposed of the same by gift or volun- 
tary conveyance to his wife, child, next of kin, or to any other person since the 
eleventh day of March, one thousand eight hundred and eighty-five: Provided, 
that the county board of pensions may place upon the pension roll, in the classes to 
which they would otherwise belong, any Confederate soldier, sailor, or widow dis- 
qualified by the provisions of this section, who may appear to be unable to earn a 
living from property valued as much as two thousand dollars ($2,000) or more for 
taxation, and who may appear to the board from special circumstances worthy to 
be placed upon the pension roll. 

1921, c. 189, s. 10. 

Part 3. Application for Pensions 

5168(1). Forms provided by auditor. The auditor of the state shall pro- 
vide a form of application (according to the terms of this article), and have the 
same printed and sent to the clerk of the superior court of the several counties of 
the state for use of applicants. 
1921, c. 189, s. 11. 

5168 (m). Application by person, guardian or receiver. No soldier, officer, 
sailor, or widow shall be entitled to the benefits of this chapter except upon his or 
her own application, or, in case he or she is insane, upon the application of his or 
her guardian or receiver. 

1921, c. 189, s. 12. 

5168(n). Applications by persons not on rolls. Before any officer, soldier, 
or sailor, not now receiving a pension, shall receive any part of the annual appro- 
priation made for pensions he shall, on or before the first Monday in July of every 
year, file with the superior court clerk of the county wherein he resides an appli- 
cation for relief, setting forth in detail the company and regiment or battalion in 
which he served at the time of receiving the Avound; the time and place of receiving 

323 



5168 (o) CONFEDERATE HOMES AND PENSIONS— Art. 3 Ck 92 

the wound ; whether he is holding an office in the state, United States, or county 
from which he is receiving the sum of three hundred dollars ($300) in fees or sal- 
ary ; whether he is worth in his own right or in the right of his wife, property at 
its assessed value for taxation to the amount of two thousand dollars ($2,000) ; 
whether he is receiving any aid from the state of North Carolina under any other 
statute providing for the relief of the maimed and Hind soldiers of the state; and 
whether he is a citizen of the state of North Carolina. Such application shall be ver- 
ified by the oath of the applicant made before any one empowered to administer 
oaths, and shall be accompanied by the affidavit of one or more credible witnesses, 
stating that he or they verily believe the applicant to be the identical person named 
in the application, and that the facts stated in the application are true; and when 
the county board of pensions is satisfied with the justice of the claim made by the 
applicant they shall so certify the same to the auditor of the state under their hands 
and the seal of the superior court of their county, which shall be impressed by the 
clerk of the superior court of the county; and there shall accompany the certificate 
so sent to the auditor the application, affidavit, and proofs taken by them, which pa- 
pers shall be kept on file in the auditor's office. Clerks of the superior courts shall 
receive no fees whatsoever for services herein required of them. 
1921, c. 189, s. 13. 

5168(o). Time for forwarding certificate. Auditor to issue warrant. It shall 
be the duty of the clerk of the superior court of the county where the application is 
filed to forward to the auditor of the state, immediately after the certificate required 
by the next preceding section is made and before the first Monday in August in each 
year, the application and proofs and certificates, and upon the state board of pen- 
shall issue his warrant on the state treasurer for the same. 

1921, c. 189, s. 14. 

5168 (p). Subsequent certificates. Suggestion of fraud. After an applica- 
tion has once been passed upon and allowed by the county and state boards, it shall 
be necessary only for the applicant to file with the auditor of state a certificate from 
the clerk of the superior court of the county in which the application was original- 
ly filed, setting forth that the applicant is the identical person named in the origi- 
nal application which is on file in the auditor's office, and that the applicant is 
alive, but still disabled, and a citizen of this state, and still entitled to the benefits of 
this article, which certificate may be passed upon by the state board, upon sugges- 
tions of fraud, before the auditor draws his warrant upon such certificate. 

1921, c. 189, s. 15. 

Part Jf. Payment of Pensions; Warrants 

5168(q). Payment of pensions in advance. Acknowledgment of receipt of 

warrants. Pensions are payable in advance, v and the state auditor shall trans- 
mit to the clerks of the superior courts of the various counties warrants for pen- 
sioners for one-half of the yearly pensions between the first and fifteenth of Decem- 
ber and for one-half of the yearly pensions between the first and fifteenth of June of 
each year. It shall be the duty of the clerk of the superior court to acknowledge to 
the auditor the receipt of such warrants by the next mail after their receipt, to de- 
sions being satisfied of the truth and genuineness of the application, the auditor 

324 



5168 (u) CONFEDERATE HOMES AND PENSIONS— Art. 3 Ch. 92 

liver or mail forthwith to each pensioner in his county his warrant, and to post in 
the courthouse a list of the pensioners to whom he has mailed or delivered warrants.. 
1921, c. 189, s. 16. 

5168 (r). Warrants payable to pensioner or order. Indorsement. Copy of 
power of attorney. The auditor shall issue his warrant payable to the pen- 
sioner, or order, and such warrant shall not be paid by the treasurer without the in- 
dorsement of the payee or his duly appointed attorney in fact, specially authorized 
to make such indorsement ; and if such indorsement is made by the payee, it shall 
be attested by the official signature of the clerk of the superior court or some justice 
of the peace or notary public of the county in which such payee resides, and if such 
indorsement is made by the attorney in fact of the payee, a copy of the power of 
attorney, duly attested by the clerk of the superior court or a justice of the peace 
or notary public of the county in which the payee resides shall be attached to the 
warrant. 

1921, c. 189. s. 17. 

5168 (s). Payment to widow or next of kin. Whenever a Confederate pensioner 
who is now on the pension list shall die after the fifteenth of September, or after 
the fifteenth of April, and before the December or June pension check is delivered 
to him or her, it shall be lawful for the clerk of the superior court of the county in 
which such pensioner lived to deliver and pay the next pension check due in Decem- 
ber or June, as the case may be, to the widow or next of kin of such pensioner, and 
the indorsement of the widow or next o'f kin shall be a valid indorsement on such 
pension check. 

1921, c. 189, s. 18. 

5168 (t). Pensions continued to widows for one year. All pensions due to Con- 
federate soldiers shall be paid to their widows for a period of one year after the 
death of any such pensioner : Provided, that the amount paid shall not exceed a 
widow's pension as prescribed by law. 

1921, c. 189, s. 19. 

Part 5. Funds Provided for Pensions 

5l68(u). Limit and distribution of appropriation. The state auditor is 
authorized, empowered and directed to apportion, distribute and divide the money 
appropriated by the state for pensions, and to issue warrants to the several pen- 
sioners pro rata in their respective grades, so that the entire annual appropriation 
shall be paid each year to the pensioners, notwithstanding the amounts so paid may 
be in excess of the amounts fixed by this article for the several grades : Provided, 
that the total appropriation for this purpose shall not exceed the amount appro- 
priated by law: Provided further, that hereafter all moneys provided or appro- 
priated in any one year for the ex-Confederate soldiers, sailors, or widows, not paid 
out to them in any one year, shall revert to the pension fund of the state, and shall 
be paid out to them in the next year in the class to which they belong. 

1921, c. 189, s. 20. 

325 



5168 (v) CONFEDERATE HOMES AND PENSIONS— Art. 3 Ch. 92 

5168 (v). Increase by counties. Special tax. The county commissioners of 
each county in the state are authorized and empowered, if in their discretion such 
levy is deemed advisable, to levy for each year, at the same time and in the same 
manner as the levy of other county taxes, a special tax not exceeding two cents on 
the hundred dollars valuation of property and six cents on each taxable poll, the con- 
stitutional equation between the property and poll being observed each year for the 
purpose of increasing the pensions of Confederate soldiers and widows. 

Such tax shall be collected and accounted for by the sheriff or other tax collector 
in the same manner and under the same penalties as other taxes levied for the 
county, and the net proceeds thereof shall be applied each year to increase pro rata 
the pensions of such persons as stand upon the Confederate pension roll of the 
county for the year in which the tax is levied. 

The amount collected under this section shall be disbursed by the county commis- 
sioners pro rata to the various pensioners in such county as shown by the state 
pension list for that county. 

1921, c. 189, s. 21. 

Part 6. Miscellaneous Provisions 

5168(w). Officer failing to perform duties. Any officer or other person who 
shall neglect or refuse to discharge the duties imposed upon him by this article shall 
be guilty of a misdemeanor, and upon conviction thereof in the superior court shall 
be fined or imprisoned at the discretion of the court. 

1921, c. 189, s. 22. 

5168 (x). Speculation in pension claims a misdemeanor. Any person who 
shall speculate or purchase for a less sum than that to which each may be entitled 
the claims of any soldier or sailor or widow of a deceased soldier or sailor, allowed 
under the provisions of this article, shall be guilty of a misdemeanor, and upon 
conviction shall be fined or imprisoned, or both, in the discretion of the court. 
1921, c. 189, s. 23. 

5168(y). Payment of burial expenses. AVheneverin any county of this state 
a Confederate pensioner on the pension roll of the county or the widow of a Con- 
federate soldier shall die, it shall be the duty of the board of commissioners of such 
county, upon the certificate of such fact by the clerk of the superior court and 
recommendation of the chairman of the pension board of the county, to order 
the payment out of the general fund of the county of a sum not exceeding thirty 
dollars ($30), to be applied toward defraying of the burial expenses of such 
deceased pensioner or widow. 

1921, c. 189, s. 24. 

5168(z). Peddling without license. All ex-Confederate soldiers who are with- 
out means of support other than their manual labor, and who are incapacitated to 
perform manual labor for any reason other than by their vicious habits, and now 
citizens of this state, shall be allowed to peddle drugs, goods, wares, and merchandise 
in any of the counties of this state witbout a license therefor. Before any soldier 
shall be entitled to the benefits of this chapter he shall make application to the 
county board of pensioners of the county of which he is a resident, and show to the 

326 



5168 (aa) CONFEDEKATE HOMES AND PENSIONS— Art. 3 Ch. 92 

satisfaction of the county board of pensions that he is entitled to the same by having 
served in the Confederate army or navy during the war between the states, and 
that he is incapacitated to perform manual labor, and does not own property the 
tax valuation of which exceeds the sum of two thousand dollars ($2,000) in his own 
name or in the name of his wife, deeded to her by him since the first day of March, 
one thousand nine hundred and two. 
1921, c. 189, s. 25. 

5168(aa). Exemption of pensions or compensations from taxation. Every 
person receiving a pension or compensation from the state, or United States, or any 
foreign country or government, for and on account of wounds or physical disabili- 
ties contracted or sustained during the late war between the United States and Ger- 
many, and any of the allied countries cooperating with the United States, shall not 
be required to pay any tax of any kind upon such pension or compensation, but the 
same shall be exempted from any and all taxes. This section shall apply to all such 
taxes for the year one thousand nine hundred and twenty-three, and thereafter. 

1923, c. 259. 



327 



CHAPTER 93 
COOPERATIVE ORGANIZATIONS 

SUBCHAPTER V. MARKETING ASSOCIATIONS 

Art. 16. Purposes and Organization 

5259(a). Declaration of policy. In order to promote, foster, and encourage 
the intelligent and orderly marketing of agricultural products through cooperation, 
and to eliminate speculation and waste; and to make the distribution of agricul- 
tural products as direct as can be efficiently done between producer and consumer ; 
and to stabilize the marketing problems of agricultural products this subchapter is 
enacted. 

1921, c. 87, s. 1. 

5259(b). Definitions. As used in this subchapter — 

(a) The term "agricultural products" shall include horticultural, viticultural, 
forestry, dairy, livestock, poultry, bee, and any farm products ; 

(b) The term "member" shall include actual members of associations without 
capital stock and holders of common stock in associations organized with capital 
stock ; 

(c) The term "association" means any corporation organized under this subchap- 
ter; and 

(d) The term "person" shall include individuals, firms, partnerships, corpora- 
tions, and associations. 

Associations organized hereunder shall be deemed nonprofit, inasmuch as they are 
not organized to make profits for themselves, as such, or for their members, as 
such, but only for their members as producers. 

This subchapter shall be referred to as the "Cooperative Marketing Act." 

1921, c. 87, s. 2. 

5259(c). Who may organize. Five (5) or more persons engaged in the pro- 
duction of agricultural products may form a nonprofit, cooperative association, with 
or without capital stock, under the supervision of this subchapter. 

1921, c. 87, s. 3. 

5259(d). Purposes. An association may be organized to engage in any ac- 
tivity in connection with the*marketing or selling of the agricultural products of 
its members, or with the harvesting, preserving, drying, processing, canning, pack- 
ing, storing, handling, shipping, or utilization thereof, of the manufacturing or 
marketing of the by-products thereof; or in connection with the manufacturing, 
selling, or supplying to its members of machinery, equipment, or supplies ; or in 
the financing of the above enumerated activities; or in any one or more of the ac- 
tivities specified herein. 

1921, c. 87, s. 4. 

5259(e). Preliminary investigation. Every group of persons contemplating 
the organization of an association under this subchapter is urged to communicate 

328 



5259(h) COOPERATIVE ORGANIZATIONS— Akt. 16 Oh. 93 

with the chief of the division of markets, who will inform it whatever a survey of 
.the marketing conditions affecting the commodities to be handled by the proposed 
association indicates regarding probable success. 
r 1921, c. 87, s. 5. 



* 5259(f). Articles of incorporation. Each association formed under this sub- 
^ chapter must prepare and file articles of incorporation, setting forth : 
^ (a) The name of the association. 
Qj" (b) The purposes for which it is formed. 

(c) The place where its principal business will be transacted. 
X. (d) The term for which it is to exist, not exceeding fifty (50) years. 
j J (e) The number of directors thereof, which must not be less than five (5), and 
Q \may be any number in excess thereof, and the term of office of such directors. 

1^/) If organized without capital stock, whether the property rights and interest 
of each member shall be equal or unequal ; and if unequal, the article shall set forth 
the general rule or rules applicable to all members by which the property rights and 
interests, respectively, of each member may and shall be determined and fixed; and 
this association shall have the power to admit new members who shall be entitled to 
share in the property of the association with the old members, in accordance with 
such general rule or rules. This provision of the articles of incorporation shall 
not be altered, amended, or repealed except by the written consent or the vote of 
three-fourths of the members. 

(g) If organized with capital stock, the amount of such stock and the number 
of such shares into which it is divided and the par value thereof. The capital stock 
may be divided into preferred and common stock. If so divided, the articles of in- 
corporation must contain a statement of the number of shares of stock to which 
preference is granted and the number of shares of stock to which no preference is 
granted and the nature and extent of the preference and privileges granted to each. 

The articles must be subscribed by the incorporators and acknowledged by one of 
them before an officer authorized by the law of this state to take and certify acknowl- 
edgments of deeds and conveyances ; and shall be filed in accordance with the pro- 
visions of the general corporation law of this state ; and when so filed the said arti- 
cles of incorporation, or certified copies thereof, shall be received in all the courts of 
this state, and other places, as prima facie evidence of the facts contained therein, 
and of the due incorporation of such association. A certified copy of the articles of 
incorporated shall also be filed with the chief of the division of markets. 
1921, c. 87, s. 8. 

5259(g). Amendments to articles of incorporation. The articles of incorpora- 
tion may be altered or amended at any regular meeting, or any special meeting 
called for that purpose. An amendment must first be approved by two-thirds 
of the directors, and then adopted by a vote representing a majority of all the 
members of the association. Amendments to the articles of incorporation, when 
so adpoted, shall be filed in accordance with the provisions of the general corpor- 
ation law of this state. 

1921, c. 87, s. 9. 

5259(h). By-laws. Each association incorporated under this subchapter 
must, within thirty (30) days after its incorporation, adopt for its government and 

329 



5259 (i) COOPEKATIVE ORGANIZATIONS— Art. 16 Ch. 93 

management a code of by-laws, not inconsistent with the powers granted by this 
subchapter. A majority vote of the members or stockholders, or their written as- 
sent, is necessary to adopt such by-laws. Each association under its by-laws may 
also provide for any or all of the following matters : 

(a) The time, place, and manner of calling and conducting its meetings. 

(b) The number of stockholders or members constituting a quorum. 

(c) The right of members or stockholders to vote by proxy or by mail, or by both, 
and the conditions, manner, form, and effects of such A T otes. 

(d) The number of directors constituting a quorum. 

(e) The qualifications, compensations, and duties and terms of office of directors 
and officers; time of their election, and the mode and manner of giving notice 
thereof. 

(/) Penalties for violations of the by-laws. 

(g) The amount of entrance, organization, and membership fees, if any; the 
manner and method of collection of the same, and the purposes for which they may 
be used. 

(h) The amount which each member or stockholder shall be required to pay an- 
nually or from time to time, if at all, to carry on the business of the association, 
the charge, if any, to be paid by each member or stockholder for services rendered 
by the association to him, and the time of payment and the manner of collection; 
and the marketing contract between the association and its members or stockholders 
which every member or stockholder may be required to sign.. 

(i) The number and qualification of members or stockholders of the association 
and the conditions precedent to membership or ownership of common stock ; the 
method, time, and manner of permitting members to withdraw or the holders of 
common stock to transfer their stock ; the manner of assignment and transfer of 
the interest of members, and of the shares of common stock; the conditions upon 
which, and time Avhen membership of any member shall cease ; the automatic sus- 
pension of the rights of a member when he ceases to be eligible to membership in 
the association, and mode, manner, and effect of the expulsion of a member; man- 
ner of determining the value of a member's interest and provision for its jDurchase 
by the association upon the death or withdrawal of a member or stockholder, or 
upon the expulsion of a member or forfeiture of his membership, or at the option of 
the association, by conclusive appraisal by the board of directors. In case of the 
withdrawal or expulsion of a member the board of directors shall equitably and 
conclusively appraise his property interests in the association, and shall fix the 
amount thereof in money, which shall be paid to him within one year after such 
expulsion or withdrawal. 

1921, c. 87, s. 10. 

5259 (i). General and special meetings; how called. In its by-laws each asso- 
ciation shall provide for one or more regular meetings annually. The board of 
directors shall have the right to call a special meeting at any time, and ten per cent 
of the members or stockholders may file a petition stating the specific business to 
be brought before the association, and demand a special meeting at any time. Such 
meeting must thereupon be called by the directors. Notice of all meetings, together 
with a statement of the purposes thereof, shall be mailed to each member at least 

330 



5259 (n) COOPERATIVE ORGANIZATIONS— Art. 16 Ch. 93 

ten days prior to the meeting : Provided, however, that the by-laws may require in- 
stead that such notice may be given by publication in a newspaper of general circu- 
lation, published at the principal place of business of the association. 
1921, c. 87, s. 11. 

5259 (j). Conflicting laws not to apply. Any provisions of law which are in 
conflict with this subchapter shall not be contrued as applying to the associa- 
tions herein provided for. 

1921, c. 87, s. 20. 

5259(k). Limitation of use of term "cooperative." No person, firm, cor- 
poration, or association hereafter organized or doing business in this state shall be 
entitled to use the word "cooperative" as part of its corporate or other business 
name or title unless it has complied with the provisions of this subchapter. 

Any person, firm, corporation, or association now organized and existing, or 
doing business in this state, and embodying the word "cooperative" as part of its 
corporate or other business name or title, and which is not organized in compli- 
ance with the provisions of this subchapter, must, within six months from the date 
at which this act goes into effect, eliminate the word "cooperative" from its said 
corporate or other business name or title. 

1921, c. 87, s. 21. 

5259(1). Association heretofore organized may adopt the provisions of this 
subchapter. Any corporation or association organized under previously existing 
statutes may, by a majority vote of its stockholders or members, be brought under 
the provisions of this subchapter by limiting its membership and adopting the other 
restrictions as provided herein. It shall make out in duplicate a statement signed 
and sworn to by its directors, upon forms supplied by the secretary of state; to the 
effect that the corporation or association has by a majority vote of its stockholders 
or members decided to accept the benefits and be bound by the provisions of this 
subschapter, articles of incorporation shall be filed as required in section 5259(f), 
except that they shall be signed by the members of the board of directors. The fil- 
ing fee shall be the same as for filing an amendment to articles of incorporation. 

1921, c. 87, s. 24. 

5259 (m). Associations not in restraint of trade. No association organized 
hereunder shall be deemed to be a combination in restraint of trade or an illegal 
monopoly ; or an attempt to lessen competition or fix prices arbitrarily, nor shall 
the marketing contracts or agreements between the association and its members, or 
any agreements authorized in this subchapter be considered illegal or in restraint 
of trade. 

1921, c. 87, s. 26. 

5259 (n). Partial unconstitutionality of law, effect. If any section of tins 
subchapter shall be declared unconstitutional for any reason, the remainder of the 
subchapter shall not be affected thereby. 

1921, c. 87, s. 27. 

331 



5259 (o) COOPERATIVE ORGANIZATIONS— Art. 17 Oh. 93 

5259 (o). Application of general corporation laws. The provisions of the 
general corporation laws of this state, and all powers and rights thereunder, shall 
apply to the associations organized hereunder, except where such provisions are in 
conflict with or inconsistent with the express provisions of this subchapter. 

1921, c. 87, s. 28. 

5259 (p). Annual license fees. Each association organized hereunder shall 
pay an annual license fee of ten dollars ($10), but shall be exempt from all fran- 
chise or license taxes. 

1921, c. 87, s. 29. 

5259 (q). Filing fees. For filing articles of incorporation, an association or- 
ganized hereunder shall pay ten dollars ($10) ; and for filing an amendment to the 
articles, two dollars and one-half ($2.50). 

1921, c. 87, s. 30. 

Art. 17. Members and Officers 

5259 (r). Members. 

(a) Under the terms and conditions prescribed in its by-laws, an association may 
admit as members, or issue common stock, only to persons engaged in the produc- 
tion of the agricultural products to be handled by or through the association, includ- 
ing the lessees and tenants of land used for the production of such products and 
any lessors and landlords who receive as rent part of the crop raised on the leased 
premises. 

(b) If a member of a nonstock association be other than a natural person, such 
member may be represented by any individual, associate, officer, or member thereof, 
duly authorized in writing. 

(c) One association organized hereunder may become a member or stockholder 
of any other association or associations, organized hereunder. 

1921, c. 87, s. 7. 

5259 (s). Directors; election. 

(a) The affairs of the association shall be managed by a board of not less than 
five directors, elected by the members or stockholders from their own number. The 
by-laws may provide that the territory in which the association has members shall 
be divided into districts, and that the directors shall be elected according to such 
districts. In such case the by-laws shall specify the number of directors to be elected 
by each district, the manner and method of reapportioning the directors and of 
redistricting the territory covered by the association. The by-laws may provide 
that primary elections should be held in each district to elect the directors ap- 
portioned to such districts, and the result of all such primary elections must be 
ratified by the next regular meeting of the association. 

(b) The by-laws shall provide that one or more directors shall be appointed by 
the director of agricultural extension or any other public official or commission. 
The directors so appointed need not be members or stockholders of the association, 
but shall have the same powers and rights as other directors. 

(c) An association may provide a fair remuneration for the time actually spent 
by its officers and directors in its service. JSTo director, during the term of his of- 

332 



5259 (u) COOPERATIVE ORGANIZATIONS— Art. 17 Ch. 93 

fice, shall be a party to a contract for profit with the association differing in any 
way from the business relations accorded regular members or holders of common 
stock of the association, or to any other kind of contract differing from terms gen- 
erally current in that district. 

(d) When a vacancy on the board of directors occurs, other than by expiration 
of term, the remaining members of the board, by a majority vote, shall fill the va- 
cancy, unless. the by-laws provide for an election of directors by districts. In such 
case the board of directors shall immediately call a special meeting of the members 
or stockholders in that district to fill the vacancy : Provided, that this subsection 
shall not apply to the director or directors appointed under the provisions of sub- 
section (b) of this section: Provided further, that any vacancy occurring in the 
office of a director appointed under subsection (b) of this section shall be filled in 
the same manner as the original appointment was made. 
1921, c. 87, s. 12. 

5259(f). Election of officers. The directors shall elect from their number 
a president and one or more vice presidents. They shall also elect a secretary and 
treasurer, who need not be directors, and they may combine the two latter offices 
and designate the combined office as secretary-treasurer. The treasurer may be a 
bank or any depository, and as such shall not be considered an officer, but as a 
function of the board of directors. In such case the secretary shall perforin the 
usual accounting duties of the treasurer, excepting that the funds shall be de- 
posited only as authorized by the board of directors.. 

1921, c. 87, s. 13. 

5259 (u). Stock; membership certificates; when issued; voting; liability; lim- 
itation on transfer of ownership. 

(a) When a member of an association established without capital stock has paid 
his membership fee in full, he shall receive a certificate of membership. 

(b) No association shall issue stock to a member until it has been fully paid for. 
The promissory notes of the members may be accepted by the association as full or 
partial payment. The association shall hold the stock as security for the payment 
of the note, but such retention as security shall not affect the members' right to vote. 

(c) Except for debts lawfully contracted between him and the association, no 
member shall be liable for the debts of the association to an amount exceeding the 
sum remaining unpaid on his membership fee or his subscription to the capital 
stock, including any unpaid balance on any promissory notes given in payment 
thereof. 

(d) No stockholder of a cooperative association shall own more than one-twen- 
tieth of the common stock of the association; and an association, in its by-laws, may 
limit the amount of common stock which one member may own to any amount less 
than one-twentieth of the common stock. 

(e) No member or stockholder shall be entitled to more than one vote.. 

(/) Any association organized with stock under this subchapter may issue pre- 
ferred stock, with or without the right to vote. Such stock may be redeemable or 
retirable by the association on such terms and conditions as may be provided for by 
the articles of incorporation and printed on the face of the certificate. 

333 



5259 (v) COOPERATIVE ORGANIZATIONS— Aet. 18 Ch. 93 

(g) The by-laws shall prohibit the transfer of the common stock of the associa- 
tion to persons not engaged in the production of the agricultural products handled 
by the association, and such restrictions must be printed upon every certificate of 
stock subject thereto. 

(h) The association may at any time, except when the debts of the association 
exceed fifty per cent (50%) of the assets thereof, buy in or purchase its common 
stock at book value thereof as conclusively determined by the board of directors, 
and pay for it in cash within one (1) year thereafter. 

1921, c. 87, s. 14. 

5259 (v). Removal of officer or director. Any member may bring charges 
against an officer or director by filing them in writing with the secretary of the as- 
sociation, together with a petition signed by ten per cent of the members, requesting 
the removal of the officer or director in question. The removal shall be voted upon 
at the next regular or special meeting of the association, and by a vote of a majority 
of the members, the association may remove the officer or director and fill the va- 
cancy. Tbe director or officer against whom such charges have been brought shall be 
informed in writing of the charges previous to the meeting, and shall have an op- 
portunity at the meeting to be heard in person or by counsel, and to present wit- 
nesses ; and the person or persons bringing the charges against him shall have the 
same opportunity. 

In case the by-laws provide for election of directors by districts, with primary 
elections in each district, then the petition for removal of a director must be signed 
by twenty per cent of the members residing in the district from which he was 
elected. The board of directors must call a special meeting of the members residing 
in that district to consider the removal of the director. By a vote of the majority 
of that district, the director in question shall be removed from office : Provided, 
that this section shall not apply to directors appointed under subsection (6) of sec- 
tion 5259 (s). 

1921, c. 87, s. 15. 

5259 (w). Referendum. Upon demand of one-third of the entire board of 
directors, any matter that has been approved or passed by the board must be re- 
ferred to the entire membership of the stockholders for decision at the next spe- 
cial or regular meeting : Provided, however, that a special meeting may be called 
for the purpose. 

1921, c. 87, s. 16. 

Art. 18. Powers, Duties, and Liabilities 

5259 (x). Powers. Each association incorporated under this subchapter shall 
have the following powers : 

(a) To engage in any activity in connection with the marketing, selling, harvest- 
ing, preserving, drying, processing, canning, packing, storing, handling, or utiliz- 
ation of any agricultural products produced or delivered to it by its members; or 
the manufacturing or marketing of the by-products thereof ; or in connection with 
the purchase, hiring, or use by its members of supplies, machinery, or equipment ; 
or in the financing of any such activities; or in any one or more of the activities 

334 






5259 (y) COOPERATIVE ORGANIZATIONS— Art. 18 Oh. 93 

specified in this section. No association, however, shall handle the agricultural 
products of any non-member. 

(b) To borrow money and to make advances to members. 

(c) To act as the agent or representative of any member or members in any of 
the above mentioned activities. 

(d) To purchase or otherwise acquire, and to hold, own, and exercise all rights 
or ownership in, and to sell, transfer, or pledge shares of the capital stock or bonds 
of any corporation or association engaged in any related activity or in the han- 
dling or marketing of any of the products handled by the association. 

(e) To establish reserves and to invest the funds thereof in bonds or such other 
property as may be provided in the by-laws. 

(/) To buy, hold, and exercise all privileges of ownership, over such real or per- 
sonal property as may be necessary or convenient for the conducting and operation 
of any of the business of the association, or incidental thereto. 

(g) To do each and everything necessary, suitable, or proper for the accomplish- 
ment of any one of the purposes or the attainment of any one or more of the ob- 
jects herein enumerated ; or conducive to or expedient for the interest or benefit of 
the association; and to contract accordingly; and in addition, to exercise and pos- 
sess all powers, rights, and privileges necessary or incidental to the purposes for 
which the association is organized or to the activities in which it is engaged ; and in 
addition, any other rights, powers, and privileges granted by the laws of this state 
to ordinary corporations, except such as are inconsistent with the express provisions 
of this subchapter ; and to do any such thing anywhere. 

1921, c. 87, s. 6. 

5259 (y). Marketing contract. 

(a) The association and its members may make and execute marketing contracts, 
requiring the members to sell, for any period of time, not over ten years, all or any 
specified part of their agricultural products or specified commodities exclusively to 
or through the association or any facilities to be created by the association.. The 
contract may provide that the association may sell or resell the products of its mem- 
bers, with or without taking title thereto, and pay over to its members the resale 
price, after deducting all necessary selling, overhead, and other costs and expenses, 
including interest on preferred stock, not exceeding eight per cent per annum, and 
reserve for retiring the stock, if any; and other proper reserves; and interest not ex- 
ceeding eight per cent per annum upon common stock. 

(b) The by-laws and the marketing contract may fix, as liquidated damages, 
specific sums to be paid by the member or stockholder to the association upon the 
breach by him of any provision of the marketing contract regarding the sale or de- 
livery or Avithholding of products; and may further provide that the member will 
pay all costs, premiums for bonds, expenses and fees in case any action is brought 
upon the contract by the association ; and any such provisions shall be valid and en- 
forceable in the courts of this state. 

(c) In the event of any such breach or threatened breach of such marketing con- 
tract by a member, the association shall be entitled to an injunction to prevent the 
further breach of the contract, and to a degree of specified performance thereof. 
Pending the adjudication of such an action, and upon filing a verified complaint 

335 



5259 (z) COOPERATIVE ORGANIZATIONS— Art. 18 Ch. 93 

showing the breach or threatened breach, and upon filing a sufficient bond, the as- 
sociation shall be entitled to a temporary restraining order and preliminary in- 
junction against the member. 
1921, c. 87, s. 17. 

5259 (z). Purchasing business of other associations, persons, firms, or corpo- 
rations; payment; stock issued. Whenever an association organized hereunder 
with preferred capital stock, shall purchase the stock or any property, or any inter- 
est in any property of any person, firm, or corporation or association, it may by 
agreement with the other party or parties to the transaction discharge the obliga- 
tions so incurred, wholly or in part, by exchanging for the acquired interest shares 
of its preferred capital stock to an amount which at par value would equal a fair 
market value of the stock or interest so purchased, as determined by the board of 
directors. In that case the transfer to the association of the stock or interest pur- 
chased shall be equivalent to payment in cash for shares of stock issued. 

1921, c. 87, s. 18. 

5259 (aa). Annual reports. Each association formed under this subchapter 
shall prepare and make out an annual report on forms furnished by the division of 
markets, containing the name of the association, its principal place of business, 
and a general statement of its business operations during the fiscal year, showing 
the amount of capital stock paid up, and the number of stockholders of a stock as- 
sociation or the number of members and amount of membership fees received, if a 
nonstock association; the total expenses of operations; the amount of its indebted- 
ness, or liability, and its balance sheets., 

1921, c. 87, s. 19. 

5259 (bb). Interest in other corporations or associations. An association may 
organize, form, operate, own, control, have interest in, own stock of, or be a mem- 
ber of any other corporation or corporations, with or without capital stock, and en- 
gaged in preserving, drying, processing, canning, packing, storing, handling, ship- 
ping, utilizing, manufacturing, marketing, or selling of the agricultural products 
handled by the association, or the by-products thereof. If such cor- 
porations are warehousing corporations, they may issue legal warehouse re- 
ceipts to the association, or to any other person, and such legal warehouse receipts 
shall be considered as adequate collateral to the extent of the current value of the 
commodity represented thereby. In case such warehouse is licensed or licensed and 
bonded under the laws of this state or the United States, its warehouse receipt 
shall not be challenged or discriminated against because of ownership or control, 
wholly or in part, by the association. 

1921, c. 87, s. 22. 

5259 (cc). Contracts and agreements with other associations. Any associa- 
tion may, upon resolution adopted by its board of directors, enter into all necessary 
and proper contracts and agreements, and make all necessary and proper stipula- 
tions, agreements and contracts and arrangements with any other cooperative cor- 
poration, association, or associations, formed in this or in any other state, for the 
cooperative and more economical carrying on of its business, or any part or parts 

336 



5259(dd) COOPERATIVE ORGANIZATIONS— Aet. 18 Ch. 93 

thereof. Any two or more associations may by agreement between them, unite in 
employing and using or may separately employ and use the same methods, means, 
and agencies for carrying on and conducting their respective businesses. 
1921, c. 87, s. 23. 

5259 (dd). Misdemeanor; breach of marketing contract of cooperative associ- 
ation; spreading false reports about the finances or management thereof. Any 
person or persons, or any corporation whose officers or employees knowingly in- 
duces or attempts to induce any member or stockholder of an association organized 
hereunder to breach his marketing contract with the association, or who malicious- 
ly and knowingly spreads false reports about the finances or management thereof 
shall be guilty of a misdemeanor and subject to a fine of not less than one hundred 
dollars ($100), and not more than one thousand dollars ($1,000), for such offense 
and shall be liable to the association aggrieved in a civil suit in the penal sum of 
five hundred dollars ($500) for each such offense: Provided, that this section 
shall not apply to a bona fide creditor of any member or stockholder of such asso- 
ciation, or the agents or attorney of any such bona fide creditor, endeavoring to 
make collection of the indebtedness. 
1921, c. 87, s. 25. 



22 337 



CHAPTER 94 

DRAINAGE 

SUBCHAPTER III. DRAINAGE DISTRICTS 

Art. 5 Establishment of Districts 

5312. Jurisdiction to establish districts. The clerk of the superior court of 
any county in the state of North Carolina shall have jurisdiction, power and au- 
thority to establish levee or drainage districts either wholly or partly located in his 
county, and which shall constitute a political subdivision of the state, and to locate 
and establish levees, drains or canals, and cause to be constructed, straightened, 
widened or deepened, any ditch, drain or watercourse, and to build levees or em- 
bankments and erect tidal gates and pumping plants for the purpose of draining 
and reclaiming wet, swamp or overflowed land; and it is hereby declared that 
the drainage of swamp lands and the drainage of surface water from agricultural 
lands and the reclamation of tidal marshes shall be considered a public use and 
benefit and conducive to the public health, convenience and welfare, and that the 
districts heretofore and hereafter created under the law shall be and constitute po- 
litical subdivisions of the state, with authority to provide by law to levy taxes and 
assessments for the construction and maintenance of said public works. 

1909, c. 442, s. 1; 1921, c. 7. 

5314. Petition filed. A petition signed by a majority of the resident land- 
owners in a proposed drainage district or by the owners of three-fifths of all the 
land which will be affected or assessed for the expense of the proposed improve- 
ments may be filed in office of the clerk of the superior court of any county in 
which a part of the lands is located, setting forth that any specific body or district 
of land in the county and adjoining counties, described in such a way as to convey an 
intelligent idea as to the location of such land, is subject to overflow or too wet for 
cultivation, and the public benefit or utility or the public health, convenience or 
welfare will be promoted by draining, ditching, or leveeing the same or by changing 
or improving the natural watercourses, and setting forth therein, as far as practic- 
able, the starting point, route, and terminus and lateral branches, if necessary, of 
the proposed improvement : Provided, that whenever, in the opinion of the state 
highway commission, it is necessary in the construction of a particular improved 
highway, that the land over which it is to be built should be drained, and to drain 
it properly would require the digging of a drainage canal through the lands of resi- 
dents of the county, or of an adjoining county through which the canal in part is 
to be dug, it shall not be necessary to a proper initiation of the proceedings provided 
in this article that the petition should be signed by a majority of the resident land 
owners, or by the owners of three-fifths of all the land which will be affected or 
assessed, but that the said state highway commission may file tbe petition, wherein 
they shall set out in full the facts upon which arise the necessity for the digging of 
such drainage canal, and the clerk shall then proceed as though said petition had 
been signed by said landowners in the proportion above stated. With this modifi- 
cation, the proceedings to establish such drainage districts shall be in all particulars 

338 



5333 DRAINAGE— Art. 5 Oh. 94 

as provided in this article. This proviso shall not apply to litigation pending 
March 1, 1921. 
1909, c. 442, s. 2; 1921, c. 76. 

5329. Classification of lands. It shall be the further duty of the engineer and 
viewers to personally examine the land in the district and classify it with refer- 
ence to the benefit it will receive from the construction of the levee, ditch, drain, or 
water-course or other improvement. In the case of drainage, the degree of wetness 
on the land, its proximity to the ditch or a natural outlet, and the fertility of the 
soil shall be considered in determining the amount of benefit it will receive by the 
construction of the ditch. The land benefited shall be separated in five classes. The 
land receiving the highest benefit shall be marked "Class A" ; that receiving the 
next highest benefit, "Class B" ; that receiving the next highest benefit, "Class C" ; 
that receiving the next highest benefit, "Class D," and that receiving the smallest 
benefit, "Class E." The holdings of any one landowner need not be all in one class, 
but the number of acres in each class shall be ascertained, though its boundary need 
not be marked on the ground or shown on the map. The total number of acres owned 
by one person in each class and the total number of acres benefited shall be deter- 
mined. The total number of acres of each class in the entire district shall be ob- 
tained and presented in tabulated form. The scale of assessment upon the several 
classes of land returned by the engineer and viewers shall be in the ratio of five, four, 
three, two, and one; that is to say, as often as five mills per acre is assessed against 
the land in "Class A," four mills per acre shall be assessed against the land in "Class 
B," three mills per acre in "Class C," two mills per acre in "Class D," and one mill 
per acre in "Class E." This shall form the basis of the assessment of benefits to the 
lands for drainage purposes. In any district lands may be included which are not 
benefited for the agriculture or crop production, or slightly so, but which will re- 
ceive benefit by improvement in health conditions, and as to such lands the engi- 
neer and viewers may assess each tract of land without regard to the ratio and at 
such a sum per acre as will fairly represent the benefit of such lands. Villages or 
towns or parts thereof and small parcels of land located outside thereof and used 
primarily for residence or other specific purposes, and which require drainage, may 
also be included in any drainage district which by reason of their improved condi- 
tions and the limited area in each parcel under individual ownership, it is imprac- 
ticable to fairly assess the benefits to each separate parcel of land by the ratio 
herein provided, and as to such parcels of land the engineer and viewers may as- 
sess each parcel of land without regard to the ratio and at a higher rate per acre 
respectively by reason of the greater benefits. If the streets or other property owned 
by any incorporated town or village are likewise benefited by such drainage 
works, the corporation may be assessed in proportion to such benefits, which assess- 
ment shall constitute a liability against the corporation and may be enforced as 
provided by law. 

1909, c. 442, s. 12; 1923, c. 217, s. 1. 

5333. Appeal from final hearing. Any party aggrieved may, within ten days 
after the confirmation of the assessor's report, appeal to the superior court in term- 
time. Such appeal shall be taken and prosecuted as now provided in special pro- 
ceedings. Such appeal shall be based and heard only upon the exceptions thereto- 

339 



5339(a) DRAINAGE— Arts. 6-8 Ch. 94 

fore filed by the complaining party, either as to issues of law or fact, and no addi- 
tional exceptions shall be considered by the court upon the hearing of the appeal. 
In any appeal to the superior court in term time or in chambers taken under this 
section or any other section or provision of the drainage laws of the state, general 
or local, the same shall have precedence in consideration and trial by the court. If 
other issues also have precedence in the superior court under existing law, the or- 
der in which the same shall be heard shall be determined by the court in the 
exercise of a sound discretion. 

1909, c. 442, s. 17; 1911, c. 67, s. 3; 1923, c. 217, s. 2. 

Art. 6. Drainage Commissioners 

5339(a). Validation of el